West Virginia mechanic's liens

Who and what this applies to

Private-property contractor and subcontractor liens under Chapter 38, Article 2.

Thresholds and scope

The stated 100-day preservation rules are for contractors and subcontractors; other claimant categories have their own sections.

The rules

• Section 38-2-8 requires a contractor to record the prescribed notice of lien in the county commission clerk’s office for the property within 100 days after completing the contract. Source
• Section 38-2-9 requires a subcontractor both to serve the owner or authorized agent with the prescribed notice and to record the lien within 100 days after completing its subcontract. Owner service must use a method authorized for a legal notice or summons. Source
• Section 38-2-34(a) ordinarily requires an enforcement action in circuit court within six months after recording. A timely action by another lienholder on the same property preserves other lienholders’ ability to intervene. Source
• Section 38-2-34(b) gives the owner a complete or partial payment defense on the specified single-family residential properties if the owner owes the contractor nothing, or less than the claimed lien; the section limits its application to developers or builders of multiple residences. Source

Deadlines

Preserve the lien within the applicable 100-day period and bring or join timely enforcement within the six-month statutory window.

Primary sources

• https://code.wvlegislature.gov/38-2-8/
• https://code.wvlegislature.gov/38-2-9/
• https://code.wvlegislature.gov/38-2-34/

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

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