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Who has the right to file a Mechanics Lien in WV?

West VirginiaMechanics Lien

We rented equipment to Sever Concrete who was a sub to Arch Masonry who was a sub to the General Contractor Bridges. Basically Bridges was the General Contractor who sub to Arch who sub to Sever Concrete who we rented the equipment to. Arch's stance is that we have no Lien rights in the situation and therefore will not pay and want the lien released. I want to know if we do have Lien rights or not.

1 reply

Feb 12, 2020
West Virginia mechanics lien laws have very strict rules concerning who may file a mechanics liens. The statutes cover the typical parties, such as GCs, subs, laborers, material suppliers, and equipment lessors. It also includes architects, engineers, and other design professionals. However, these lien rights are only granted to parties within the first three tiers of the contract chain. The first-tier being those with a direct contract with the owner (GCs/primes), second-tier being those subs and suppliers who contracted with the GC, and the third-tier being sub-subs, and suppliers/lessors to a sub. Beyond that third tier, which unfortunately appears to be the case in your situation, those parties will not be protected by mechanics lien laws. That doesn't mean all options for recovery are lost. One option would be to send the debt to a collections agency. Another is filing a claim for breach of contract or unjust enrichment. Depending on the amount in dispute, you may be able to file in small claims court. In West Virginia small claims courts, the judgment cap for small claims disputes is $5,000. However, before pursuing any action, we highly recommend you contact a local attorney to help guide you through the process. A good place to start the search could be Avvo.com or the WV Bar Association Lawyer Referral Service. Good luck! Here's another article that may prove useful in the future
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