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West Virginia Mechanics Lien Frequently Asked QuestionsWest Virginia Lien Documents are Easy to File with LienItNow.com  What is a West Virginia mechanics' lien claim?Liens filed on private
property in West
Virginia are known as
mechanics' liens . When a
West Virginia mechanics lien if filed with
regard to work performed
on privately owned
property, it attaches to
and encumbers the fee
simple ownership of
property. Who can file a West Virginia mechanics' lien Claim?Contractors,
subcontractors,
sub-subcontractors and
suppliers have
West Virginia 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, shall have
lien rights in the state
of West Virginia.
Architects, surveyors,
engineers and landscape
architects also have
West Virginia mechanics lien rights. Are pre-lien notices for a West Virginia mechanics' lien Claim required?There are no pre-lien notice
or preliminary notice requirements in the
state of West Virginia. When should a West Virginia mechanics' lien Claim be filed?A West Virginia
mechanics 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. How much does it cost to file a West Virginia mechanics' lien Claim?LienItNow.com prepares, files and
serves West Virginia
mechanics' liens for a
fee of $250.00. Do I need a written contract in order to file a West Virginia mechanics lien claim?No. Oral contracts are
sufficient if you have
sufficient documentation
to show the existence of
an agreement or that you
performed the work for
which you are attempting
to file a West Virginia
mechanics lien. How does filing a West Virginia mechanics' lien Claim help me get my money?On a private project,
the West Virginia
mechanics lien
places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the lien. What is a West Virginia Stop Notice and why should it be filed
LienItNow.com prepares and serves
West Virginia Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is a West Virginia Amendment to a mechanics' lien Claim?LienItNow.com prepares, files and
serves West Virginia
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a West Virginia Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves West Virginia
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file a West Virginia Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. West
Virginia law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on a West Virginia Project?LienItNow.com prepares, files and
serves West Virginia Bond Claims for a fee of $250.00. Bond claims
can only be filed on a
project where the owner,
contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims are as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a West Virginia payment bond?LienItNow.com prepares, files and
serves West Virginia
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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