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Home » US Law » 2022 West Virginia Code » Chapter 38. Liens » Article 2. Mechanics' Liens

§38-2-1. Lien of Contractor

Every person, firm or corporation who erects, builds, constructs, alters, removes or repairs any building or other structure, or other improvement appurtenant to any such building or other structure, or who alters or improves the real property whereon the same stands, or to which it may have been removed, or who provides services for any […]

§38-2-10. Notice and Recordation of Lien for Supplies Furnished to Owner

For the purpose of perfecting and preserving his lien, every materialman or furnisher of machinery or other necessary equipment, under a contract with the owner, as mentioned in section three of this article, shall cause to be recorded in the office of the clerk of the county court of the county wherein such property is […]

§38-2-12. Notice and Recordation of Lien of Mechanic or Laborer Working for Owner

For the purpose of perfecting and preserving his lien every such workman, artisan, mechanic, laborer or other person as is mentioned in section five of this article who shall have done any work or performed any labor upon any such building or improvement, under a contract with the owner thereof, shall cause to be recorded […]

§38-2-14. Discharge of Lien for Failure to Comply With Article

The failure of any person claiming a lien under this article to give such notice as is required by sections nine, eleven and thirteen of this article, or to record such notice as is required by sections eight, nine, ten, eleven, twelve and thirteen of this article, in the manner and within the time specified […]

§38-2-16. What Deemed Included in One Contract

For the purposes of this article, all materials furnished, all work done, and all services provided by any one person, firm or corporation, upon any one building or the improvements appurtenant thereto, or upon the real property whereon the same stands, or to which it may have been removed, shall be deemed and considered one […]

§38-2-17. Priority of Mechanics' Liens Over Other Liens

A lien authorized and created by this article shall, when perfected, attach as of the date such labor, material, machinery or other necessary equipment shall have begun to be furnished, and shall have priority over any other lien secured by a deed of trust or otherwise which is created subsequent to such date. Each lien […]

§38-2-18. Priority as Among Mechanics' Lienors

Of the persons acquiring liens by virtue of this article and solely for determining priorities as among such persons, laborers, artisans, mechanics, workmen and furnishers of material, machinery and other necessary equipment, shall have first liens, and the lien of such persons, when perfected and preserved as required by this article, shall take precedence over […]

§38-2-19. Demand of Account by Owner; Discharge of Lien for Failure to File Account

The owner may, at any time, by notice in writing, require such subcontractor, laborer, mechanic, workman or other person doing, or causing to be done, work or labor upon such building or other structure or improvement appurtenant thereto, or any such materialman or other person furnishing materials, machinery or other necessary equipment for such work, […]

§38-2-2. Lien of Subcontractor

Every person, firm or corporation who, under and by virtue of a contract with such general contractor as is mentioned in section one of this article, or with a subcontractor for a part of such work, either for an agreed contract price or by day or by piece, or other basis of payment, shall furnish […]

§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 […]

§38-2-21. Effect of Payment by Owner to Contractor or Subcontractor

(a) No payment by the owner to any contractor or subcontractor of any part or all of the contract price for the erection and construction of any building, structure or improvement appurtenant to a building, structure or improvement or for any part or section of a work may affect, impair or limit the lien of […]

§38-2-23. Effect of Failure of Owner to Record Contract and Bond

In the event any such owner should fail to record such contract and bond, or in the event the penalty of such bond should not be equal to the contract price, or in the event such bond should not be solvent at the time when given, then such contractor shall be deemed to be the […]

§38-2-24. Form of Bond

The bond referred to in section twenty-two of this article shall be sufficient if in form and effect as follows: Know all men by these presents: That …………… as principal, and …………… as sureties (or surety) are held and firmly bound unto …………… in the just and full sum of $…………, to the payment whereof […]

§38-2-25. Amount of Rural Land Subject to Lien

Whenever a lien, perfected and preserved under this article is sought to be enforced against any property outside of any city, town or village, it shall be the duty of the court before which any suit for the enforcement of such lien is pending, to determine in its discretion how much land surrounding any such […]

§38-2-26. Enforcement of Contractor's Bond in Suit to Enforce Lien

Whenever it shall be necessary for suit to be brought as hereinafter provided, for the enforcement of any of the liens contemplated by this article, such contractor and the sureties upon such bond mentioned in sections twenty-two, twenty-three and twenty-four of this article, shall be made parties thereto and all matters arising upon such bond […]