West Virginia Mechanic's Lien Template

Filing Deadline

Lien must be recorded within 100 days of the claimant's last day furnishing labor or materials to the project. If the 100th day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the preceding business day (not the next — unusual rule).

Clock starts: Last day claimant actually performed work or delivered materials to the project (not project completion, not invoice date).

Where to Record

County Clerk's Office (Clerk of the County Commission) in the county where the property is physically located. For the largest county: Kanawha County Clerk, 409 Virginia Street East, Charleston, WV 25301, phone (304) 357-0130. Typical recording fee in Kanawha County is approximately $12.00 for pages 1-5 plus $1.00 per additional page (verify current fee with clerk before filing).

Notarization

Required — document must be sworn before a notary.

WV requires the lien to be verified by oath (notarized acknowledgment) of the claimant or claimant's agent. An un-notarized lien is invalid and the county clerk will reject it for recording. The notar

Service Requirement

Subcontractors, laborers, and suppliers (any claimant without a direct contract with the owner) MUST serve a copy of the lien on the property owner or the owner's authorized agent within the 100-day filing window. Acceptable methods: (1) personal service, or (2) first-class or certified U.S. mail with return receipt requested. If the owner is a non-resident of WV or cannot be located after diligent search, claimant may publish notice as a Class II legal advertisement in a newspaper of general circulation in the county AND post a copy in a conspicuous place on the property (W. Va. Code §38-2-10). General contractors with a direct owner contract do not need post-recording service but should still mail a copy as a courtesy to trigger payment.