Notice of LienWV Code §§ 38-2-1 et seq.

West Virginia Preliminary Notice Requirements

West Virginia does not require a preliminary notice, but sending one is still a smart business practice. Here's what you should know about notices in West Virginia.

Notice Required?

No

Optional but recommended

Deadline

N/A

No deadline

Late Notice?

No

Send on time

Notice Type

None

Understanding Preliminary Notices in West Virginia

Great news for contractors in West Virginia: no preliminary notice is required to preserve your mechanics lien rights. If you do work on a construction project and don't get paid, you can go directly to filing a lien without any advance notice.

That said, many experienced West Virginia contractors still send a voluntary notice at the start of every project. Why? Because it puts your name on the property owner's radar, creates a paper trail proving you were on the job, and often speeds up payment. It costs almost nothing and can prevent payment problems before they start.

Who Needs to Send a Preliminary Notice in West Virginia?

This applies to nearly everyone who works on a construction project and wants to protect their payment rights. That includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. The specific rules — like who you need to notify and your deadline — depend on your role. Check the table below to see exactly what applies to you.

Why Preliminary Notices Matter

Even though West Virginia doesn't require a preliminary notice, sending one is smart business. It puts your name on the property owner's radar, creates a paper trail proving your involvement, and often speeds up payment. Many experienced contractors send one on every project — it's low-cost insurance against payment problems.

Who Must Receive the Notice of Lien?

Who you need to notify depends on your role on the project. Here's a simple breakdown:

If You Are A...You Must Notify...
General ContractorProperty Owner
SubcontractorProperty Owner
Material SupplierProperty Owner
LaborerProperty Owner
Equipment Rental CompanyProperty Owner
Architect / Engineer / SurveyorProperty Owner

How to Deliver the Notice in West Virginia

Use one of the approved delivery methods below to make sure your notice is valid. West Virginia accepts these methods:

Certified Mail — You send via USPS and get a green receipt card proving the notice was delivered. This is the gold standard because it creates clear proof of delivery.

Personal Delivery — You (or someone you designate) hand-deliver the notice directly to the recipient. Make sure to get a signed acknowledgment as proof.

Statutory Notice Language

West Virginia law requires your Notice of Lien to include specific warning language. This isn't language you write yourself — it's exact wording specified by WV Code §§ 38-2-1 et seq.. Using the wrong language (or leaving it out) can invalidate your notice. LienGrid automatically includes the correct statutory language for West Virginia.

Owner Warning Language (excerpt from WV Code §§ 38-2-1 et seq.)

NOTICE: The undersigned claims a lien against your property for labor or materials furnished. Under West Virginia law, failure to pay may result in foreclosure.

Official West Virginia Resources

These are official state government websites where you can look up statutes, verify contractor licenses, and search business registrations.

State Legislature

Look up West Virginia lien statutes and laws

West Virginia Legislature

Contractor Licensing

Verify licenses and check requirements

West Virginia Division of Labor

Secretary of State

Business entity search and registration

West Virginia Secretary of State

Preliminary Notice Requirements by County in West Virginia

Select your county for specific guidance on sending preliminary notices in your area.

55 counties found

BarbourBerkeleyBooneBraxtonBrookeCabellCalhounClayDoddridgeFayetteGilmerGrantGreenbrierHampshireHancockHardyHarrisonJacksonJeffersonKanawhaLewisLincolnLoganMarionMarshallMasonMcDowellMercerMineralMingoMonongaliaMonroeMorganNicholasOhioPendletonPleasantsPocahontasPrestonPutnamRaleighRandolphRitchieRoaneSummersTaylorTuckerTylerUpshurWayneWebsterWetzelWirtWoodWyoming

West Virginia Preliminary Notice FAQ

Common questions about preliminary notices in West Virginia, answered so anyone can understand.

A preliminary notice is a simple document you send near the beginning of a construction project to let the property owner (and sometimes the general contractor and lender) know that you're working on their property. It's NOT a threat, a lien, or a sign that something is wrong — it's a standard business practice required by law in many states. Think of it as "checking in" to say: "I'm providing labor/materials on this project, and I expect to be paid." In West Virginia, this document is officially called the "Notice of Lien" and is governed by WV Code §§ 38-2-1 et seq..
No, West Virginia does not legally require a preliminary notice. You can file a mechanics lien without having sent one first. However, smart contractors and suppliers often send one anyway because (1) it creates a written record of your involvement, (2) it often speeds up payment since owners pay more attention when they know you could file a lien, and (3) it shows professionalism.
West Virginia doesn't have a preliminary notice deadline because no notice is required. Your key deadline to watch is the lien filing deadline: 6 months from completion of contract / last furnishing.
In West Virginia, it's officially called the "Notice of Lien" (formal document title: "MECHANICS LIEN NOTICE"). Different states use different names for essentially the same concept — you might hear it called a "preliminary notice," "notice to owner," "notice of furnishing," or "pre-lien notice" depending on the state. The West Virginia version follows the requirements laid out in WV Code §§ 38-2-1 et seq..
It depends on your role on the project. Here's a simple breakdown: General Contractors (hired directly by the owner) must notify: the property owner. Subcontractors (hired by the GC or another sub) must notify: the property owner. Material Suppliers must notify: the property owner. Laborers follow the same rules as subcontractors and must notify: the property owner. Equipment rental companies follow material supplier rules and must notify: the property owner. Design professionals (architects, engineers, surveyors) must notify: the property owner. It's critical to send the notice to ALL required parties — missing even one can weaken your legal standing.
West Virginia accepts these delivery methods: Certified Mail, Personal Delivery. Most people use certified mail because it gives you a receipt proving the notice was sent AND received — this is your proof if there's ever a dispute. Keep the receipt and tracking number in your project file. Important: if you use a delivery method that isn't on the approved list, your notice could be considered legally invalid even if the recipient actually received it. Don't take shortcuts with delivery.
Yes — West Virginia requires the Notice of Lien to include specific warning language spelled out in WV Code §§ 38-2-1 et seq.. This isn't language you make up yourself. The state has exact wording that must appear on the notice, explaining to the property owner their rights and the potential consequences of unpaid work. Using the wrong language (or leaving it out) could make your notice invalid. This is one reason many contractors use tools like LienGrid — it automatically includes the correct statutory language for West Virginia so you don't have to worry about getting it wrong.
Since West Virginia doesn't require a preliminary notice, skipping it won't affect your lien rights. You can still file a mechanics lien within 6 months if you're not paid. That said, the industry best practice is to send one anyway on every project — it's a low-cost step that often prevents payment problems from happening in the first place.
West Virginia's Notice of Lien requirements apply to both types of projects, but there can be important differences. Residential projects (homes, condos, small apartments) often have extra protections for homeowners — for example, some states require additional disclosures or have shorter deadlines for residential work. Commercial projects (offices, retail spaces, industrial buildings) may have different thresholds or requirements. Always check WV Code §§ 38-2-1 et seq. for the specific rules that apply to your project type, or use a compliance tool like LienGrid that automatically adjusts for the project type.
Yes — LienGrid automates the entire preliminary notice process for West Virginia. Instead of manually tracking deadlines, looking up who needs to receive the notice, and making sure you use the right legal language, LienGrid does it all for you. The platform generates your Notice of Lien with the correct West Virginia statutory language, identifies every required recipient, and can even send the notice via Certified Mail, Personal Delivery on your behalf. It's the easiest way to stay compliant and protect your right to get paid. Try it free — no credit card required.
View West Virginia mechanics lien filing requirements

Preliminary Notice Rules in Neighboring States

Kentucky →Maryland →Ohio →Pennsylvania →Virginia →
Content reviewed by LienGrid's compliance team|Last reviewed: March 2026

This information is for general guidance only and does not constitute legal advice. West Virginia laws change frequently — always verify current requirements and consult a licensed attorney in the relevant jurisdiction before taking legal action. LienGrid makes every effort to keep this information accurate, but we cannot guarantee completeness or currency.

Ready to stop worrying about paperwork?

Focus on Your Work. We'll Protect Your Pay.

Thousands of contractors trust LienGrid to automate compliance — notices, deadlines, waivers, and lien filings. Start free and see for yourself.

Start Free — No Card Required