Wednesday, April 14, 2010

West Virginia Mechanics Liens

In West Virginia, the construction lien law is very specific. In addition to simply filing a lien, a claimant needs to make sure that it complied with all the pre-requisites that the mechanics' lien law requires.

Liens filed on private property in West Virginia are known as Mechanics’ Liens. When a lien if filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Contractors, subcontractors, sub-subcontractors and suppliers have mechanics’ lien rights. Any person who, under a contract with a general contractor or a subcontractor for a part of the work, and who may furnish materials or other necessary supplies or equipment, has lien rights in the state of West Virginia. Architects, surveyors, engineers and landscape architects also have lien rights.

A lien notice must be served upon an owner within 100 days of the furnishing of the last materials, work or services. The 100 day time requirement applies to suppliers as well.  If a lien is not filed within this time period, the lien rights are forfeited.

Something to be cautious of when filing a construction lien in West Virginia is that the correct owner of the property is listed in the lien claim.  Often, contractors believe one person or company owns the property, when, in fact, the property is owned by a different person or company name. 

For more information on filing a West Virginia Construction Lien, a West Virginia Mechanics Lien, or a West Virginia pre-lien notice, please visit http://lienitnow.com/west-virginia-faq.asp.

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