What is the process for filing a lien for unpaid work in construction?

In West Virginia, the process for filing a lien for unpaid work in construction begins with a Notice of Intention to Lien. This document must be filed within 90 days of the last date of work on the project. This document must include the owner and contractor’s names, the name of the project, a description of the work performed, and the amount owed. Once the Notice of Intention to Lien has been filed, the contractor then has 12 months from the date of filing to file a Notice of Lien. This document must include all information from the Notice of Intention to Lien, and must be specifically addressed to the owner. This document must also be filed with the Circuit Court Clerk for the county in which the property is located. After the Notice of Lien has been filed, the contractor must then file a Writ of Summons in the Circuit Court Clerk’s Office within 10 days of the filing. This document must include the same information as the Notice of Intention to Lien and Notice of Lien. The Circuit Court will then issue a Summons, which must be served to the owner. Once the owner has been served, the contractor must then appear in court to discuss the lien. At this time, the contractor must have documentation to support their claim that the work was not paid for. If the court finds in favor of the contractor, they may grant a lien on the property, allowing the contractor to place a claim on the property in order to receive the unpaid work.

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What is the process for filing a lien for unpaid work in construction?

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