West Virginia mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
West Virginia lien filing for direct contractors: 100 days after the completion of his work provided for in such contract (W. Va. Code § 38-2-8). Subcontractors and sub-subcontractors: 100 days after the completion of his or her subcontract (§ 38-2-9). Suppliers and laborers: §§ 38-2-10 to 38-2-13. Deadline to sue, all roles: 6 months after the notice is filed in the clerk's office (§ 38-2-34).
West Virginia · Lien deadlinesVerified 2026-10-03
Lien filing
100 days after the completion of his work provided for in such contract
Direct contractor
Preliminary notice
None required
Deadline to sue
6 months after the notice is filed in the clerk's office
The failure of any person claiming a lien under this article to give such notice as is required by sections nine, eleven and thirteen of this article, or to record such notice as is required by sections eight, nine, ten, eleven, twelve and thirteen of this article, in the manner and within the time specified in such sections, or the failure of any such claimant of any such lien to comply substantially with all of the requirements of this article for the perfecting and preservation of such lien, within the time provided therefor in this article, shall, except as provided in section twenty of this article, operate as a complete discharge of such owner and of such property from all liens for claims and charges of any such contractor, subcontractor, materialman or laborer, for any work claimed to have been performed and for any materials, machinery or other necessary equipment claimed to have been furnished in connection with such work.
What the statute says about it. Failure to record the notice in the manner and within the time specified operates, except as section 38-2-20 provides, as a complete discharge of the owner and the property from the lien.
Subcontractor, Sub-subcontractor
Any
Default
100 days after the completion of his or her subcontract
What the statute says about it. Failure to record the notice in the manner and within the time specified operates, except as section 38-2-20 provides, as a complete discharge of the owner and the property from the lien.
Supplier
Any
For a materialman or furnisher of machinery or other necessary equipment under a contract with any contractor or with any subcontractor
100 days after the materialman or other furnisher of machinery or other necessary equipment ceased to furnish the materials or machinery or other equipment
What the statute says about it. Failure to record the notice in the manner and within the time specified operates, except as section 38-2-20 provides, as a complete discharge of the owner and the property from the lien.
Laborer
Any
For a workman, artisan, mechanic, laborer or other person under a contract with any general contractor or with any subcontractor
100 days after he or she ceased to do work or perform labor upon the building or improvement thereto
What the statute says about it. Unless the notice is recorded within that time, the lien is discharged.
For the purpose of perfecting and preserving his lien, any such general contractor as is mentioned in section one of this article shall, within one hundred days after the completion of his work provided for in such contract, cause to be recorded, in the office of the clerk of the county court of the county wherein such property is situate, a notice of such lien, which notice shall be sufficient if in form and effect as follows:
The failure of any person claiming a lien under this article to give such notice as is required by sections nine, eleven and thirteen of this article, or to record such notice as is required by sections eight, nine, ten, eleven, twelve and thirteen of this article, in the manner and within the time specified in such sections, or the failure of any such claimant of any such lien to comply substantially with all of the requirements of this article for the perfecting and preservation of such lien, within the time provided therefor in this article, shall, except as provided in section twenty of this article, operate as a complete discharge of such owner and of such property from all liens for claims and charges of any such contractor, subcontractor, materialman or laborer, for any work claimed to have been performed and for any materials, machinery or other necessary equipment claimed to have been furnished in connection with such work.
But the lien shall be discharged and avoided, unless, within one hundred days after the completion of his or her subcontract as aforesaid, the subcontractor shall cause to be recorded in the office of the clerk of the county commission of the county wherein the property is situate, a notice of the lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.
Every person, firm or corporation who, under and by virtue of a contract with such general contractor as is mentioned in section one of this article, or with a subcontractor for a part of such work, either for an agreed contract price or by day or by piece, or other basis of payment, shall furnish any part of the materials, machinery or other necessary supplies or equipment, or shall perform any labor, do any work or provide any services necessary to the completion of any general contract, such as is mentioned in section one of this article, shall have such a lien for his or her compensation, as is provided for in section one of this article.
For the purpose of perfecting and preserving his lien, every materialman or furnisher of machinery or other necessary equipment, under a contract with the owner, as mentioned in section three of this article, shall cause to be recorded in the office of the clerk of the county court of the county wherein such property is situate, within one hundred days from the date when he shall have ceased to furnish material or machinery or other necessary equipment, a notice of such lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.
The lien shall be discharged and avoided unless, within one hundred days after the materialman or other furnisher of machinery or other necessary equipment ceased to furnish the materials or machinery or other equipment, he or she recorded in the office of the clerk of the county commission of the county wherein the property is situate a notice of the lien.
For the purpose of perfecting and preserving his lien every such workman, artisan, mechanic, laborer or other person as is mentioned in section five of this article who shall have done any work or performed any labor upon any such building or improvement, under a contract with the owner thereof, shall cause to be recorded in the office of the clerk of the county court of the county wherein such property is situate, within one hundred days after he shall have ceased to perform any such work or labor, a notice of his lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.
The lien shall be discharged unless the workman, artisan, mechanic, laborer or other person shall record in the office of the clerk of the county commission wherein the property is situate, within one hundred days after he or she ceased to do work or perform labor upon the building or improvement thereto, a notice of the lien.
What the statute says about it. Failure to give the notice in the manner and within the time specified operates, except as section 38-2-20 provides, as a complete discharge of the owner and the property from the lien. Recipients: The owner or his or her authorized agent. Delivery: By any of the methods provided by law for the service of a legal notice or summons.
Supplier
Any
For a materialman or furnisher of machinery or other necessary equipment under a contract with any contractor or with any subcontractor
100 days after he or she has ceased to furnish the material or machinery or other equipment
What the statute says about it. Failure to give the notice in the manner and within the time specified operates, except as section 38-2-20 provides, as a complete discharge of the owner and the property from the lien. Recipients: The owner or his or her authorized agent. Delivery: By any of the methods provided by law for the service of a legal notice or summons.
Laborer
Any
For a workman, artisan, mechanic, laborer or other person under a contract with any general contractor or with any subcontractor
100 days after he or she ceased to perform any work or labor
What the statute says about it. Failure to give the notice in the manner and within the time specified operates, except as section 38-2-20 provides, as a complete discharge of the owner and the property from the lien. Recipients: The owner or his or her authorized agent. Delivery: By any of the methods provided by law for the service of a legal notice or summons.
For the purpose of perfecting and preserving his or her lien, every subcontractor mentioned in section two of this article shall, within one hundred days after the completion of his or her subcontract, give to the owner or his or her authorized agent, by any of the methods provided by law for the service of a legal notice or summons, a notice of lien, which notice shall be sufficient if in form and effect as follows:
The failure of any person claiming a lien under this article to give such notice as is required by sections nine, eleven and thirteen of this article, or to record such notice as is required by sections eight, nine, ten, eleven, twelve and thirteen of this article, in the manner and within the time specified in such sections, or the failure of any such claimant of any such lien to comply substantially with all of the requirements of this article for the perfecting and preservation of such lien, within the time provided therefor in this article, shall, except as provided in section twenty of this article, operate as a complete discharge of such owner and of such property from all liens for claims and charges of any such contractor, subcontractor, materialman or laborer, for any work claimed to have been performed and for any materials, machinery or other necessary equipment claimed to have been furnished in connection with such work.
For the purpose of perfecting and preserving his or her lien, every materialman or furnisher of machinery or other necessary equipment who has furnished material, machinery or equipment under a contract with any contractor or with any subcontractor, as set forth in section four of this article, within one hundred days after he or she has ceased to furnish the material or machinery or other equipment shall give to the owner or his or her authorized agent, by any of the methods provided by law for the service of a legal notice or summons, a notice of the lien.
For the purpose of perfecting and preserving his or her lien, every workman, artisan, mechanic, laborer or other person who has performed any work or labor upon the building or improvement thereto, under a contract with any general contractor or with any subcontractor, as set forth in section six of this article, shall give to the owner, or his or her authorized agent, by any of the methods provided by law for the service of a legal notice or summons within one hundred days after he or she ceased to perform any work or labor a notice of the lien.
What the statute says about it. Unless an action to enforce the lien is commenced in a circuit court within that time, the lien is discharged. An action commenced by any person having a lien inures to the benefit of all other persons having a lien under the article on the same property, who may intervene in it.
Unless an action to enforce any lien authorized by this article is commenced in a circuit court within six months after the person desiring to avail himself or herself of the court has filed his or her notice in the clerk's office, as provided in this article, the lien shall be discharged; but an action commenced by any person having a lien shall, for the purpose of preserving the same, inure to the benefit of all other persons having a lien under this article on the same property, and persons may intervene in the action for the purpose of enforcing their liens.
Since July 1, 2015, in an action to enforce a lien, it is an affirmative defense, or an affirmative partial defense, that the owner is not indebted to the contractor or owes less than the lien, when the property is an existing single-family dwelling, a residence constructed by the owner or under the owner's contract before its occupancy as the owner's primary residence, or a single-family, owner-occupied dwelling. The last case does not apply to a developer or builder of multiple residences, except for the residence occupied as the developer's or builder's own primary residence.
(b) Notwithstanding any provisions of this code to the contrary, beginning on July 1, 2015, it is an affirmative defense, or an affirmative partial defense, as the case may be, in any action to enforce a lien pursuant to this article that the owner is not indebted to the contractor or is indebted to the contractor for less than the amount of the lien sought to be perfected, when: (1) The property is an existing single-family dwelling; (2) The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as his or her primary residence; or (3) The property is a single-family, owner-occupied dwelling, including a residence constructed and sold for occupancy as a primary residence. This subdivision does not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.
The day of the event is not counted, and the last day of the period is.
In computing any period of time prescribed by any applicable provision of this code or any legislative rule or other administrative rule or regulation promulgated pursuant to the provisions of this code, the day of the act, event, default or omission from which the applicable period begins to run is not included.
A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one. This applies at these stages: Lien filing, Service of the lien.
The last day of the period so computed is included, unless it is a Saturday, a Sunday, a legal holiday, or a designated day off in which event the prescribed period of time runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or designated day off.
W. Va. Code § 2-2-1(d) · Official text · retrieved 2026-10-03
When the rules promulgated by the Supreme Court of Appeals so provide, a last day that falls on a Saturday, a Sunday or a legal holiday also moves at these stages: Deadline to sue.
With regard to the courts of this state, the computation of periods of time, the specific dates or days when an act, event, default or omission is required or allowed to occur and the relationship of those time periods and dates to Saturdays, Sundays, legal holidays, or days designated as weather or other emergency days or as days of local significance pursuant to §2-2-2 of this code are governed by rules promulgated by the Supreme Court of Appeals.
W. Va. Code § 2-2-1(f) · Official text · retrieved 2026-10-03
The lien deadline calculator does not model any day on which a general, primary or special election is held (W. Va. Code § 2-2-1(a)(13) makes it a holiday where the election is conducted, without stating its date) or any day proclaimed or ordered by the Governor (W. Va. Code § 2-2-1(a)(15) makes it a holiday without stating its date) or a designated day off (W. Va. Code § 2-2-1(c) and (d) leave it to the Governor to designate, without a date) or a weather or other emergency day or day of local significance (W. Va. Code § 2-2-2(a) moves a last day that falls on one to the next day that is not one, without stating its date), so a date it counts may move later.
(a) The following days are legal holidays: (1) January 1 is "New Year's Day"; (2) The third Monday of January is "Martin Luther King's Birthday"; (3) The third Monday of February is "Presidents' Day"; (4) The last Monday in May is "Memorial Day"; (5) June 20 is "West Virginia Day"; (6) July 4 is "Independence Day"; (7) The first Monday of September is "Labor Day"; (8) The second Monday of October is "Columbus Day"; (9) November 11 is "Veterans' Day"; (10) The fourth Thursday of November is "Thanksgiving Day"; (11) The day after Thanksgiving Day is "Lincoln's Day"; (12) December 25 is "Christmas Day";
(13) Any day on which a general, primary or special election is held is a holiday throughout the state, a political subdivision of the state, a district or an incorporated city, town or village in which the election is conducted; (14) General election day on even years shall be designated Susan B. Anthony Day, in accordance with the provisions of §2-2-1a(b) of this code; and (15) Any day proclaimed or ordered by the Governor as a day of special observance or Thanksgiving, or a day for the general cessation of business, is a holiday.
W. Va. Code § 2-2-1(a) · Official text · retrieved 2026-10-03
If a holiday otherwise described in subsection (a) of this section falls on a Sunday, then the following Monday is the legal holiday. If a holiday otherwise described in subsection (a) of this section falls on a Saturday, then the preceding Friday is the legal holiday: Provided, That this subsection shall not apply to subdivisions (13), (14), and (15), subsection (a) of this section.
W. Va. Code § 2-2-1(b) · Official text · retrieved 2026-10-03
Any day or part thereof designated by the Governor as time off, without charge against accrued annual leave, for state employees statewide may also be time off for county employees if the county commission elects to designate the day or part thereof as time off, without charge against accrued annual leave for county employees. Any entire or part statewide day off designated by the Governor may, for all courts, be treated as if it were a legal holiday.
(a) When a proceeding is directed to take place or any act to be done on any particular day of the month or within any period of time prescribed or allowed, including those provided by §55-2-1 et seq. of this code, if that day or the last day falls on a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance, the next day that is not a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance shall be deemed to be the one intended; and when the day upon which a term of court is directed by law to commence falls on a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance, the following day that is not a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance shall be deemed to be the day intended.
W. Va. Code § 2-2-2(a) · Official text · retrieved 2026-10-03
Who the deadlines apply to
Section 38-2-8 sets the direct contractor's notice of lien [2]. Section 38-2-9 covers the subcontractor [3]. Its rule also prints § 38-2-2, on a person under a contract with the general contractor or with a subcontractor for a part of such work, and the rule names both subcontractors and sub-subcontractors [4]. Suppliers fall under § 38-2-10 or § 38-2-11, and laborers under §§ 38-2-12 and 38-2-13 [5][6][7][8]. Every rule is written for any project type.
The preliminary notice stage reads None required for all five roles [1]. The deadline to sue names all five roles as well [9].
How the periods run
Notice of lien. Two rules cover suppliers, each with its condition. For a materialman or furnisher of machinery or other necessary equipment under a contract with the owner, the period is 100 days after the date when he shall have ceased to furnish material or machinery or other necessary equipment[5]. For a materialman or furnisher of machinery or other necessary equipment under a contract with any contractor or with any subcontractor, § 38-2-11 supplies the period instead [6].
Sections 38-2-9 and 38-2-11 say the lien is discharged and avoided, and § 38-2-13 says it is discharged, unless the notice is recorded within that time [3][6][8]. For the direct contractor, and for the supplier and the laborer under a contract with the owner, § 38-2-14 makes a failure to record the notice within the time specified a complete discharge of the owner and the property from the lien, except as § 38-2-20 provides [1].
Service on the owner. Three rules add a notice of lien given to the owner or his or her authorized agent: the one for subcontractors and sub-subcontractors, under § 38-2-9 [3]; the supplier's, for a materialman or furnisher of machinery or other necessary equipment under a contract with any contractor or with any subcontractor [6]; and the laborer's, for a workman, artisan, mechanic, laborer or other person under a contract with any general contractor or with any subcontractor [8]. Under § 38-2-14, missing that notice also operates as a complete discharge, except as § 38-2-20 provides [1].
Suit. Unless an action to enforce the lien is commenced in a circuit court within 6 months after the notice is filed in the clerk's office[9], the lien is discharged.
How residential work is treated
Section 38-2-34(b) gives the owner an affirmative defense, or an affirmative partial defense, in an action to enforce a lien, since July 1, 2015: that the owner is not indebted to the contractor, or owes less than the lien [9]. It reaches an existing single-family dwelling, a residence constructed by the owner or under the owner's contract before its occupancy as the owner's primary residence, and a single-family, owner-occupied dwelling. That last case excludes a developer or builder of multiple residences, apart from the one the developer or builder occupies as a primary residence [9].
Counting the days
Section 2-2-1(d) leaves out the day of the act or event that starts a period [10] and includes the last day [11]. At the lien filing and service stages, a last day on a Saturday, Sunday, legal holiday or designated day off runs to the end of the next day that is none of those [11]. Section 2-2-2(a) moves a last day off a weather or other emergency day or day of local significance, days the calculator does not count, so a deadline could fall later [11]. For the courts, § 2-2-1(f) says the computation of periods of time is governed by rules promulgated by the Supreme Court of Appeals [11].
What changed recently
Section 2-2-1, which lists the legal holidays and moves a last day, was amended by 2026 Enrolled Senate Bill 793, in effect June 11, 2026 [11]. Among the lien sections, § 38-2-9 was last amended by 2006 Enrolled House Bill 4698 [3], §§ 38-2-11 and 38-2-13 by 2003 Enrolled Committee Substitute for Senate Bill 387 [6][8], and §§ 38-2-8, 38-2-10 and 38-2-12 by 2002 Enrolled Committee Substitute for Senate Bill 407 [2][5][7].
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