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West Virginia lien waiver requirements
West Virginia gives subs 100 days to record a lien notice. Your waivers need to be in hand well before that clock runs.
W. Va. Code Chapter 38, Article 2 (§§ 38-2-1 to 38-2-39)
The short version
West Virginia's mechanic's lien law lives at Chapter 38, Article 2. The state does not prescribe a waiver form. The lien itself must be recorded within 100 days after the workman, artisan, or mechanic stopped working on the building. That 100-day window is what drives waiver timing in West Virginia. Collect waivers with each pay app and confirm the final unconditional inside the window. Anything beyond 100 days from a sub's last day on site is past the lien risk.
At a glance
- W. Va. Code §38-2-1 et seq.: mechanic's lien framework
- 100-day lien recording deadline after last work
- No statutory waiver form, no notarization requirement
- §38-2-36 governs discharge and release of recorded liens
The 100-day clock
West Virginia gives a sub 100 days from last work to record a notice of mechanic's lien in the county clerk's office. That number sets the rhythm for how long a project carries lien risk.
Track each sub's actual last-day-on-site. The 100-day window starts there, not at project completion. A drywaller who finished in March and a painter who finished in May give you two different deadlines on the same project.
No form, so tighten the template
Chapter 38 does not give you a state-approved waiver. Like most non-statutory-form states, West Virginia leaves wording to the parties. That means your waiver is only as strong as the words on it.
Name the property, the project, the through-date, and the amount. Mark the waiver conditional on the payment clearing. Carve out retainage and pending change orders if the current payment does not cover them. A short clear waiver beats a long ambiguous one.
Release of recorded liens under §38-2-36
If a lien has already been recorded against your project, §38-2-36 governs the discharge and release. Payment alone does not clear the record. You need a release signed by the claimant and filed with the county clerk.
Build that step into your AP process. When you pay off a recorded lien, your check should be conditioned on receiving the release in recordable form. Otherwise the lien sits on the title until the claimant gets around to clearing it.
Questions
Does West Virginia require a specific lien waiver form?
No. Chapter 38, Article 2 does not prescribe a statutory waiver template.
How long does a West Virginia sub have to file a mechanic's lien?
100 days from the date the claimant last worked on the building or improvement.
Do West Virginia lien waivers need to be notarized?
No. West Virginia does not require notarization for a waiver to be enforceable.
Send a West Virginia waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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