Frequently Asked Questions - West Virginia Mechanics Lien
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What is a West Virginia mechanic's lien claim?
Liens filed on private property in West Virginia are known as a notice of mechanics' liens . When a West Virginia mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.
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Who can file a West Virginia mechanic's lien Claim?
Contractors, subcontractors, sub-subcontractors and suppliers have West Virginia mechanic's 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.
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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, but we suggest sending out pre-lien notices (also known as Notice to Owner or Notice of Furnishing) so that the owner knows who is on the job and what they are doing. This can often resolve payment disputes quickly.
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When should a West Virginia mechanic's 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.
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How much does it cost to file a West Virginia mechanic's lien Claim?
LienItNow.com prepares, files and serves West Virginia mechanic's liens for a fee of $290.00.
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Do I need a written contract in order to file a West Virginia mechanic's 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.
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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.
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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 $125.00. 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.
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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 $250.00. 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.
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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 $85.00. 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.
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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 $85.00. 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.
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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 $275.00. 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.
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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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