- West Virginia is a FULL PRICE lien state for commercial projects. The owner may limit the total amount of liens to the contract price if it records the contract and files a payment bond equal to the contract price with the contract.
UNPAID BALANCE for "Certain Residential Projects":
"It is an affirmative defense, or an affirmative partial defense, as the case may be, in any action to enforce a lien pursuant to this article that the owner is not indebted to the contractor or is indebted to the contractor for less than the amount of the lien sought to be perfected, when:
(1) The property is an existing single-family dwelling;
(2) The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as the owner's primary residence; or
(3) The property is a single-family, owner-occupied dwelling, including a residence constructed and sold for occupancy as a primary residence. This subdivision does not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder."
- The owner may require, by written notice, filing of an itemized statement of work done and materials furnished. Failure to notify the owner within 10 days after receipt of the notice releases the owner from the lien.
- §38-2-20. Preliminary notice to owner; effect.
Any laborer or other person employed to do any work or furnish any materials or machinery for the erection, construction, alteration, repair or removal of any building or other structure, or any improvement appurtenant thereto, by another who may have contracted with the owner therefor may, before doing any work or furnishing any material or machinery, give the owner of such building or other structure or improvement thereto notice in writing that if he is not paid therefor by the person employing him, he will look to the owner for payment; and it shall not be necessary for the person who has given such notice in writing to file the account and notice with the owner within sixty days of the date of the doing of the last work or of the furnishing of the last of such materials or machinery, unless he is required by the owner in writing within such sixty days to do so, and his neglect or failure to file such notice and account within sixty days, unless so required to do so, shall in no way affect or impair his lien if it be otherwise perfected and preserved, as provided in this article.
- W.Va. Code §38-2-20 spells out an optional notice that is available to parties without a contract with the owner that can offer certain advantages to a potential claimant. The statute does not set out a specific form to be used for the notice or the manner of service.
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