IMPORTANT LEGAL DISCLAIMER
This template is provided for general informational purposes only and does not constitute legal advice. Use of this template does not create an attorney–client relationship with the drafter, OpenAI, or any other person or entity. West Virginia’s mechanic’s-lien statute contains strict timing, content, and service requirements that vary based on project type and party tier. Before using or relying on this form, consult competent West Virginia construction-law counsel to confirm (1) the accuracy of all statutory references, (2) that the form is appropriate for the specific facts, and (3) that all filing and service deadlines will be satisfied.

PRE-LIEN NOTICE / NOTICE TO OWNER

(West Virginia – Mechanics’ Lien Law)

[// GUIDANCE: This form is designed primarily for a subcontractor, sub-subcontractor, or material supplier seeking to preserve lien rights under W. Va. Code, Ch. 38, Art. 2. A direct (prime) contractor generally does not need to serve a preliminary notice, but may use this form if desired for additional protection.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Statutory Notice
   3.2 Timing of Notice
   3.3 Service Methods
   3.4 Proof of Service
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

[// GUIDANCE: Because this is a statutory notice—rather than a contractual agreement—several sections are intentionally abbreviated or reserved.]

1. DOCUMENT HEADER

Pre-Lien Notice / Notice to Owner
Date of Notice: [DATE] (“Effective Date”)

From (the “Claimant”):
• Legal Name: [CLAIMANT LEGAL NAME]
• Address: [STREET], [CITY], WV [ZIP]
• Phone / Email: [(xxx) xxx-xxxx] | [EMAIL]

To (the “Owner”):
• Legal Name: [PROPERTY OWNER LEGAL NAME]
• Address: [STREET], [CITY], [STATE] [ZIP]

Regarding the Project (the “Project”):
• Project Name (if any): [PROJECT NAME]
• Project Site Address (“Property”): [STREET], [CITY], WV [ZIP]
• County in which Property is located: [COUNTY]
• Property Legal Description (attach Exhibit A if lengthy): [INSERT]

General/Prime Contractor (“Prime Contractor”):
• Legal Name: [PRIME CONTRACTOR LEGAL NAME]
• Address: [STREET], [CITY], [STATE] [ZIP]

2. DEFINITIONS

“Claim” means the amount Claimant asserts is due and unpaid for labor, services, materials, or equipment furnished to or incorporated in the Project.

“First Furnishing Date” means the date on which Claimant first furnished labor, materials, or equipment to the Project: [MM/DD/YYYY].

“Last Furnishing Date” means the date on which Claimant last furnished labor, materials, or equipment to the Project (exclusive of warranty or punch-list work): [MM/DD/YYYY].

“Notice Period” means the statutorily prescribed period within which Claimant must serve this Notice (currently within 90 days after the Last Furnishing Date).
[// GUIDANCE: Confirm the statutory period at the time of use.]

“Service Methods” has the meaning given in Section 3.3.

All other capitalized terms have the meanings assigned in context or under West Virginia Code Chapter 38, Article 2 (Mechanics’ Liens).

3. OPERATIVE PROVISIONS

3.1 Statutory Notice

Pursuant to West Virginia’s mechanic’s-lien statute and to preserve its right to record and enforce a mechanic’s lien against the Property, Claimant hereby gives notice as follows:

a. Claimant has furnished, and continues to furnish, labor, services, materials, and/or equipment for improvement of the Property.
b. The value of the unpaid portion of Claimant’s work (the “Claim Amount”) is $[CLAIM AMOUNT] as of the Effective Date.
c. If the Claim Amount (plus any additional sums that may accrue) is not timely paid, Claimant intends to file and enforce a mechanic’s lien against the Property in an amount not to exceed the reasonable value of labor, services, materials, and equipment actually furnished, together with permissible interest, costs, and attorney fees.
d. Owner may become personally liable to Claimant (up to the amount owed Prime Contractor) if Owner pays Prime Contractor after receiving this Notice without ensuring that Claimant is paid or otherwise securing Claimant’s Claim.
e. Owner should retain sufficient contract funds to satisfy the Claim Amount until Claimant executes a proper lien release or waiver.

3.2 Timing of Notice

Claimant affirms that this Notice is being served within the Notice Period required by West Virginia Code Chapter 38, Article 2. Failure to serve within such period may forfeit lien rights.

3.3 Service Methods

Claimant will serve this Notice by at least one of the following statutorily authorized methods (“Service Methods”):

1. Certified Mail, return-receipt requested, to Owner’s last known address;
2. Personal delivery by a sheriff or licensed process server; or
3. Any other method authorized under W. Va. R. Civ. P. 4 for service of a civil summons.

3.4 Proof of Service

Claimant will retain (and produce upon request) the signed postal receipt, sheriff’s return, affidavit of service, or comparable evidence establishing (i) the date and method of service and (ii) the identity of the person served.

4. REPRESENTATIONS & WARRANTIES

Claimant represents and warrants that:

a. It is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation and, if applicable, qualified to do business in West Virginia.
b. The labor, services, materials, or equipment referenced herein were furnished pursuant to a lawful contract with the Prime Contractor or another party authorized to incur such obligations on behalf of Owner.
c. The Claim Amount is just, true, and correct and reflects all valid credits, offsets, and payments known to Claimant as of the Effective Date.
d. Claimant has not assigned, transferred, or otherwise encumbered its right to payment or the prospective lien, except as disclosed in writing to Owner.

The foregoing representations and warranties survive delivery of this Notice.

5. COVENANTS & RESTRICTIONS

a. Claimant will, upon receipt of full payment of the Claim Amount in good funds, execute and deliver an unconditional waiver and release of mechanic’s-lien rights to the extent of such payment.
b. Claimant will cooperate in good faith with all reasonable Owner requests to verify the accuracy of the Claim Amount, including by providing (subject to applicable privilege and confidentiality protections) paid and unpaid invoices, purchase orders, delivery tickets, payroll records, and other reasonable backup documentation.

6. DEFAULT & REMEDIES

a. An “Event of Default” occurs if Owner fails to ensure payment of the Claim Amount within [NUMBER] days after (i) receiving this Notice or (ii) the date payment is otherwise due under the applicable subcontract, whichever is later.
b. Upon an Event of Default, Claimant may (in addition to any other remedies available under law or equity):
i. Record a mechanic’s lien against the Property;
ii. Commence foreclosure or other lien-enforcement proceedings; and
iii. Recover interest, costs, and reasonable attorney fees to the full extent permitted by statute or contract.

7. RISK ALLOCATION

Limitation of Liability. Consistent with the “Liability Caps” metadata and absent Owner’s breach of statutory trust obligations, Claimant’s recovery from Owner under this Notice will not exceed the lesser of:
a. The unpaid balance owed by Owner to the Prime Contractor at the time notice is received; or
b. The reasonable value of Claimant’s work actually incorporated into the Project (the “Work-Performed Value”), exclusive of consequential or punitive damages.

8. DISPUTE RESOLUTION

Governing Law. This Notice and any related lien-enforcement action will be governed by, and construed in accordance with, the laws of the State of West Virginia without regard to conflict-of-laws principles.

Forum Selection. The parties consent to the exclusive jurisdiction of the state courts situated in the county where the Property is located for any action arising out of or relating to this Notice or the underlying Claim.

Arbitration / Jury Waiver. Not applicable per supplied metadata.

Injunctive Relief. Nothing herein limits Claimant’s right to seek the provisional or injunctive relief necessary to secure or foreclose its mechanic’s lien.

9. GENERAL PROVISIONS

9.1 Amendment and Waiver. Any amendment or waiver of this Notice must be in a writing signed by Claimant.

9.2 Successors and Assigns. This Notice binds Claimant and inures to the benefit of Claimant’s successors and permitted assigns.

9.3 Severability. If any provision of this Notice is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed to fulfill the original intent.

9.4 Entire Notice. This instrument constitutes the entire notice required to be given by Claimant to preserve its mechanic’s-lien rights and supersedes all prior oral or written communications to the extent inconsistent.

9.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts, each of which is deemed an original, and all of which together constitute one document. A signed copy transmitted electronically (e.g., PDF) is deemed an original for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Claimant has executed this Pre-Lien Notice / Notice to Owner as of the Effective Date.

CLAIMANT:

[CLAIMANT LEGAL NAME]
By: __________
Name: [PRINTED NAME]
Title: [AUTHORIZED TITLE]

STATE OF __
COUNTY OF __

This instrument was acknowledged before me on the ___ day of _, 20_, by _____ as ____ of [CLAIMANT LEGAL NAME], who (check one) ☐ is personally known to me / ☐ produced ______ as identification.

Notary Public
My commission expires: _______

[// GUIDANCE:
1. Attach Exhibit A (legal description) if the street address is insufficient for recording purposes.
2. Calendar all statutory deadlines—including (i) service within 90 days of Last Furnishing Date and (ii) recording the lien (if necessary) within the time allowed after project completion.
3. Confirm Owner identity via deed or public records search to avoid mis-identification.
4. File a copy of the Notice (with proof of service) in your project file; it may be needed to demonstrate compliance if litigation ensues.
5. Always verify the current text of W. Va. Code Chapter 38, Article 2, and any local rules before use.
]