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Lien waivers by state · West Virginia

West Virginia lien waiver requirements

West Virginia is a non-statutory state

West Virginia has no statute governing lien waivers or prescribing a mandatory waiver/release form, so contractors and subcontractors may use freely worded waivers, which are interpreted under general contract law. The state does not prohibit advance ("no-lien") or pre-payment waivers, so waiver language should be reviewed carefully to avoid unintentionally surrendering lien rights.

Statute: W. Va. Code §§ 38-2-1 et seq. (Mechanics' Liens; statute does not prescribe lien-waiver form language)

West Virginia lien waiver forms

The four standard waiver-and-release types and West Virginia’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: West Virginia statute does not require lien waivers to be notarized to be effective. A paying party may still request notarization by agreement.
Mandatory statutory language: No statutorily required wording. West Virginia law is silent on lien waivers; parties may use any form. As a practical matter a waiver should be in writing, signed by the waiving party, and identify the amount waived and the property/project.
Electronic signatures accepted

Key West Virginia deadlines

Preliminary / pre-lien notice: Not required. West Virginia does not require a preliminary notice to preserve lien rights.
Notice of intent to lien: No separate "notice of intent" required. However, subcontractors, materialmen, and suppliers without a direct contract with the owner must serve the owner (or agent) with notice of the lien within the same 100-day period in which the lien must be recorded (W. Va. Code §§ 38-2-9, 38-2-11, 38-2-13).
Mechanics lien filing deadline: Within 100 days after last furnishing labor/materials/equipment or completion of the claimant's contract (W. Va. Code § 38-2; enforcement suit must be filed within 6 months of recording).

West Virginia lien waiver FAQ

Does West Virginia require a specific lien waiver form?

No. West Virginia does not provide or require a specific statutory lien waiver form. The state's lien statute is silent on waivers, so parties may use any reasonably worded written waiver, interpreted under general contract law.

Do lien waivers need to be notarized in West Virginia?

No. West Virginia statute does not require lien waivers to be notarized for them to be effective, though a paying party may request notarization by agreement.

Can lien waivers be signed electronically in West Virginia?

Yes. West Virginia has adopted the Uniform Electronic Transactions Act (W. Va. Code Chapter 39A), under which a signature cannot be denied legal effect solely because it is electronic, provided the parties agreed to transact electronically. There is no lien-specific rule barring e-signatures on waivers.

What is the deadline to file a mechanics lien in West Virginia?

Within 100 days after the claimant last furnished labor, materials, or equipment, or completed its contract. The lien must be recorded with the county commission clerk in that county within this period, and any enforcement action must be filed within 6 months of recording.