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Whether you’re a general contractor (GC), subcontractor, or property owner, understanding West Virginia lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let’s dive into the world of West Virginia lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
West Virginia is one of 38 states that does not regulate lien waivers via a statutory form, nor does it offer any guidance on the topic. This lack of regulation creates a free-for-all environment where clients can tailor lien waiver forms to their advantage and incorporate specific provisions directly into construction contracts. Notably, West Virginia also permits advance lien waivers, which are typically prohibited in other states due to their potential to unfairly waive lien rights before work begins.
Therefore, it’s crucial for construction teams to review both contract documents and lien waiver forms, keeping an eye out for “no-lien” clauses or language that attempts to eliminate lien rights. Instead, they should negotiate terms that clearly establish a fair exchange of lien rights for complete work. By taking these proactive steps, construction professionals can ensure that West Virginia lien waivers effectively protect their right to fair payment throughout the project.
West Virginia does not mandate a specific, statutory lien waiver form.
West Virginia accepts conditional and unconditional lien waivers.
West Virginia accepts conditional and unconditional lien waivers.
To be considered valid, lien waivers in West Virginia must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which they apply
West Virginia allows parties to waive lien rights in the contract.
It’s legal to waive lien rights before payment in West Virginia.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
West Virginia doesn’t provide parties with a specific, statutory form. While this can allow for a wide margin of freedom in terms of content, construction teams should be careful: Owners can include terms that nullify your lien rights.
Here’s what your West Virginia lien waiver needs to include to be deemed valid:
- It should clearly state the amount being waived and the property to which it applies, and
- It must be signed by the party waiving their lien rights.
West Virginia statutes don’t specify when lien waivers must be exchanged. To protect your lien rights, it’s generally best to follow these timing rules:
- Conditional lien waivers, which are only effective once payment is received, are exchanged with progress payment applications.
- Unconditional lien waivers, which become binding upon signature, should only be submitted after payment is received for West Virginia construction jobs.
Need help nailing the timing of your West Virginia lien waivers? Check out our handy lien waiver guide.
Yes, any and all lien waiver provisions are allowed in West Virginia job contracts. Parties can waive GC, sub, and supplier lien rights before work begins or before payment. It’s important to review the contract in full to make sure you aren’t signing away more than you intend through “no-lien” clauses.
If you enter into a dispute over your West Virginia lien waiver, there are several steps you can take to assert your rights:
- Read through the lien waiver form and corresponding job contract carefully.
- Assert a clear intention to waive lien rights and any other project-specific requirements.
- Try to mediate directly with the other party to resolve the situation.
Should these steps not take care of the situation, consider consulting with a construction law attorney who is familiar with West Virginia lien laws.
Even though West Virginia doesn’t have statutes directly related to lien waivers, teams should still familiarize themselves with applicable laws and organizations that will support them in doing construction business in the state:
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.