Home » Preliminary Notice » West Virginia Preliminary Notice Guide and FAQs

West Virginia Preliminary Notice FAQs

Fact-checked by the Levelset Legal Team
Last updated July 22, 2020
Sending a West Virginia preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in West Virginia.

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West Virginia preliminary notice requirements for:

  • Prime contractors

Private projects

General contractors are not required to send notice on private projects.

However, preliminary notices increase communication on the job, and they can speed up the payment process after the project ends.

Public projects

General contractors are not required to send notice on public projects.

Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.

Private projects

Subcontractors and suppliers are not required to send preliminary notice on private projects.

However, sending a preliminary notice no matter what improves communication and contributes to a speedier payment process.

Public projects

Subcontractors and suppliers are not required to send preliminary notice on public projects.

However, sending a preliminary notice no matter what improves communication and contributes to a speedier payment process.

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Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in West Virginia, it's important to understand the the lay of the land in order to get the most benefit possible from sending your notice. These are some frequently asked questions (and answers) about the notice process in West Virginia.

Prelim FAQs on Private Projects

Do I Need to Send a West Virginia Notice?

Preliminary Notice is not required by West Virginia lien law. However, any party may provide the property owner with preliminary notice in an effort to facilitate payment.

When do I Need to Send a West Virginia Preliminary Notice?

If sent, the preliminary notice should be provided prior to the furnishing of labor and/or materials.

What if I Send the West Virginia Preliminary Notice Late?

This is an optional notice, so there is no consequence for sending the notice late.

How Should the West Virginia Preliminary Notice be Sent?

There is no specific provision as to how this notice must be sent, but certified mail is sufficient.

Do I Have to Send the West Virginia Preliminary Notice to Someone Other than the Owner?

Nope!

Is the Wisconsin Preliminary Notice Requirement met when sent or delivered?

Notices sent by certified or registered mail are considered delivered when sent.

Prelim FAQs on Public Projects

Do I Need to Send a West Virginia Preliminary Notice?

It depends. West Virginia does not require any preliminary notice to preserve the ability to make a bond claim, however, it is not clear if any notice requirements contained within the language of the bond itself control. It may be best practice, then, to obtain a copy of the bond to determine if there are any notice requirements, and to comply if there are.

When do I Need to Send a West Virginia Preliminary Notice?

N/A

What if I Send the West Virginia Preliminary Notice Late?

N/A

How Should the West Virginia Preliminary Notice be Sent?

N/A

To Whom Must the West Virginia Preliminary Notice be Given?

N/A

People are asking West Virginia construction attorneys:

Florida NTO Invalid

If the NTO is invalid, then the lien is invalid. That should make you happy. You don’t notify the state; you raise it as a defense if there’s ever a lien claim. You lie in wait and raise it when it’s too late to fix.
Answered by Andrew Showen | Attorney

Can my company’s subcontractor file NTO?

The deadline for subcontractors to send a FL Notice to Owner (NTO) is no later than 45 days after first furnishing labor or materials to the project. This is a hard deadline, and missing this deadline means losing the right to file a construction lien.

If the subcontractor began working at the job site on June 1st, the latest the NTO could be sent to secure lien rights was July 15th.

For more resources on Florida NTOs see: 

Answered by Alex Benarroche | Legal Associate

Public or Private Project

If a public owner was not involved in the contract chain, then it is likely a commercial Project and you would have 90 days from your last date of work to file the lien.
Answered by Matthew Lakind | Attorney

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About West Virginia Preliminary Notices

West Virginia is another of the very rare states that has no preliminary notice requirements for any party on any project.

While there may be no specific requirements to provide a preliminary notice in West Virginia, that doesn’t mean that providing prelianry notice is a bad idea. In fact, providing preliminary notice, even when not required, is usually the smart thing to do. Providing a voluntary preliminary notice document, provided it’s drafted and formulated correctly, can be beneficial by promoting project visibility, providing helpful information, opening channels for communication, and streamlining payment.

The above are just some of the many reasons to provide voluntary preliminary notices, or as we like to call them at Levelset, “visibility documents” but, in fact, there are many more reasons, as well.

Send a preliminary notice in West Virginia (DIY)

1

Download a free notice form

Get the free form
Preliminary notice form download

First, download the free generic preliminary notice form. The generic form is valid in West Virginia, and all other states that don’t require a preliminary notice. The form provides the GC, owner, and other parties in charge of payment with useful information about your company.

2

Fill out the form

Be careful! Accuracy is important.
Filling out a preliminary notice

Make sure all the information you include in your preliminary notice form is correct and accurate. That’s because paying parties often rely on the form to communicate with you, and mistakes when preparing your form could lead to payment difficulties down the line.

3

Deliver your preliminary notice

Send a preliminary notice

Since West Virginia doesn’t require preliminary notices, there are no requirements for delivery. Send your preliminary notice however you see fit.

How to send a Preliminary Notice with Levelset
1

Select Preliminary Notice document.

2

Provide basic job information.

Levelset sends the document for you. Postage included!

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West Virginia construction payment topics

Mechanics Lien
Lien Waivers
Bond Claim
Prompt Payment
Retainage