West Virginia
Notice of Lien-Private Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of Lien.

Scope: State of West Virginia, Private Works.

Time Constraints: you must have served a notice of intent to file a lien or bond claim within the statutory period, or you cannot make a lien claim. See the memo on West Virginia Lien Warning Notice, Private Work, for more information.

When you file your lien depends on your status to the owner:

Original Contractor: You must file your lien within 90 days after your last furnishing.

Subcontractor and Material men: You must file your lien within 60 days after your last furnishing.

File the lien with the Clerk of the County Commission where the property is located. Serve copies on the owner and sureties, if any. Service on the general contractors and your customer is optional.

The owner may respond with a demand for an itemized accounting. You must respond to that demand within 10 days.

Perfection: After recording, you must file suit within 6 months of filing your lien.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, “Procedures”). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Lien, Exhibit's A-D, if needed, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Notice of Lien and Claim and serve upon the owners and sureties (the general contractors and your customer are optional). At this point you are ready to enforce all of your claims in one action.

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