West Virginia Lien Waiver Guide
West Virginia accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
60 days from last furnishing labor or materials for subcontractors; no specific deadline for general contractors
Notice Requirements
No preliminary notice required.
Key Statutes
W. Va. Code §38-2-1 et seq.
Waiver Types in West Virginia
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
West Virginia Lien Waiver Rules
West Virginia does not require statutory waiver forms. Custom waivers are accepted. West Virginia has relatively short lien filing deadlines for subcontractors. Prompt payment and waiver exchange is recommended. Waivers should be clear and specific.
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