Preliminary notices in West Virginia
West Virginia is one of the states with no general preliminary notice for subcontractors on commercial work in our summary. That doesn't mean you can skip paperwork: the lien itself still has a hard deadline, and the owner often learns about your claim only when the lien is recorded.
Lien filing deadline in West Virginia
If the GC hired you, you have 100 days after your last day furnishing labor or materials to record a mechanics lien in West Virginia, about 10 days longer than the national median of 90 days (counted from last furnishing on a sample job). 29 of the 51 jurisdictions we track have a shorter lien deadline and 21 have a longer one.
We mark this deadline "verify": the statute has variations we could not reduce to one number.
The clock starts on your last day furnishing labor or materials under your contract. In many states, warranty visits and punch list work done mainly to extend the deadline don't restart it, so use your last day of real contract work.
If you're the GC, in contract with the owner, you have 90 days after your last day furnishing labor or materials instead.
Deadline to sue on the lien
To keep the lien alive you must sue to enforce it within 6 months after recording the lien. If you record on the last possible day, that is about 281 days after your last day on the job, about 84 days shorter than the national median of 365 days. 16 of the 48 jurisdictions we track have a shorter overall time to sue and 31 have a longer one.
Because the clock counts from recording, recording early also moves the lawsuit deadline earlier.
How West Virginia compares
Days are counted on a sample job with the lien recorded on its last allowed day, so states that count from recording or from completion can be compared with those that count from your last day on site. The median is across the jurisdictions with a dated rule on file.
- Record the lien (from last day)
- West Virginia: 100 daysNational median: 90 days
- Sue to enforce (from last day)
- West Virginia: 281 daysNational median: 365 days
Public and federal projects
Public property can't be liened, so subcontractors and suppliers on state and local public jobs in West Virginia claim against the GC's payment bond instead. We haven't reduced West Virginia's bond claim deadlines to one set of numbers, because they vary by agency and project. The governing law is W. Va. Code §38-2-39. Verify the notice and suit deadlines with the statute and the bond itself before the job starts.
Federal jobs in West Virginia follow the Miller Act instead of state law: those hired by a sub or supplier give the prime contractor notice within 90 days of their last furnishing, and suit is due within 1 year, in federal court. Prime contractors on federal work have no lien or bond claim.
Retainage and prompt payment in West Virginia
We haven't reduced West Virginia's retainage and prompt payment rules to single numbers yet: they depend on the agency, the contract size or the contract date. Rather than guess, the table shows "Verify" and the statutes to read are W. Va. Code §5-22 (public). Your contract's payment terms still matter, and the federal rules below apply on federal work.
| Public work | Private work | Federal work | |
|---|---|---|---|
| Retainage cap | Verify | Verify | 10% |
| Release | Verify with state statute | Verify with state statute | Released with final payment, or earlier once progress is satisfactory. |
| GC pays subs within | Verify | Verify | 7 days |
| Late-payment interest | Verify | Verify | Treasury prompt payment rate (reset every January and July) |
Not legal advice. Retainage and prompt payment rules differ by agency, contract size and contract date, and change often. Confirm the rules with the current statute, your contract and a construction attorney before relying on them.
Worked example: a HVAC sub in West Virginia
A HVAC subcontractor hired by the GC on a private apartment building in West Virginia starts work on March 2, 2026 and last furnishes on July 17, 2026. The project is completed on August 28, 2026. Run through West Virginia's rules, those dates give:
| Deadline | Date | Counted from |
|---|---|---|
| Record the lien | October 25, 2026 WeekendVerify | Last furnishing |
| Sue to enforce the lien | April 25, 2027 Weekend | Lien recording |
The first deadline on the calendar is “Record the lien” on October 25, 2026.
2 dates land on a weekend (October 25, 2026, April 25, 2027). Not every state rolls a deadline to Monday, so the safe move is to record or serve by the Friday before.
Rows marked "Verify" depend on facts or readings we can't settle for you. Check them against W. Va. Code §38-2-1 to -39.
Open the lien deadline calculator for West Virginia and enter your own dates to get this table for your job, with countdowns and a PDF deadline calendar.
Check your own dates with the free tools
- Mechanics lien and notice deadline calculator (WV): every notice, lien and suit date for your role, tier and job type.
- Retainage and prompt payment rules (WV): check your contract's retainage against the cap and work out late-payment interest.
- Schedule of values and pay application builder: bill each period with retainage calculated, so what you're owed is documented.
- Cash flow and retainage forecaster: see what slow payment and held retainage do to your bank balance.
Statutes cited
- W. Va. Code §38-2-1 to -39
- W. Va. Code §38-2-39 (public bonds)
- W. Va. Code §5-22 (public)
- Federal work in West Virginia: 40 U.S.C. §3131 to §3134 (Miller Act)
Not legal advice. Lien and bond claim rules change and have exceptions for project type, contract terms and how notices are served. Confirm every deadline with the current statute or a construction attorney in the project's state before relying on it. Rules shown as "Verify with state statute" have exceptions or variations we could not reduce to one number.