No formal notice of a lien is required prior to or during the performance of the work, or during the provision of materials or equipment. However, the lien created by the statutory framework must be perfected and preserved within the time period set forth in the statutes.

As to contractors, materialmen and laborers in privity of contract with the owners, the lien must be perfected and preserved within 100 days of the completion of the work; the date of last providing of machinery, equipment or supplies; or the date of last performance of the work and labor.

As to subcontractors, materialmen and laborers in privity of contract with the contractor or subcontractors, the lien must be perfected and preserved within 100 days of the date of the completion of the subcontract; the date of last providing of machinery, equipment or supplies, or the date of last performance of the work and labor. Subcontractors must also provide notice to the owner within 100 days of completion of work. West Virginia Code §38-2-9 (amended March 9, 2006, effective June 7, 2006). Notice to the owner must be provided in the same manner as legal notice or summons is served.

 

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