Senate Bill No. 121
(Senators Oliverio, Prezioso, McKenzie, Snyder, Scott, Ross,
Anderson, Deem, Buckalew, Sharpe, Ball and Dugan)
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[Introduced February 25, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact sections seven, nine, eleven and
thirteen, article two, chapter thirty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to allowing all subcontractors and
those providing labor or materials to contractors or
subcontractors seventy-five days within which to claim their
mechanics' liens.
Be it enacted by the Legislature of West Virginia:
That sections seven, nine, eleven and thirteen, article two,
chapter thirty-eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted,
all to read as follows:
ARTICLE 2.MECHANICS' LIENS.
§38-2-7. Necessity and period for perfecting lien.
But the lien created and authorized by section one of this
article shall be discharged from and after ninety days from the
completion of such the contract, and the lien created and
authorized by section two of this article shall be discharged
from and after sixty seventy-five days from the completion of
such the subcontract, and the lien created and authorized by
section three of this article shall be discharged from and after
ninety days from the furnishing of the last of such the
materials, machinery or other supplies and equipment, and the
lien created and authorized by section four of this article shall
be discharged from and after sixty seventy-five days from the
date of the furnishing of the last of such the materials,
machinery or other equipment or supplies, and the lien created
and authorized by section five of this article shall be
discharged from and after ninety days from the date of the
performing of the last of such the work and labor, and the lien
created and authorized by section six of this article shall be
discharged from and after sixty seventy-five days from the date
of the performing of the last of such the work and labor, unless
within such the respective periods, the claimant of any such lien
shall have perfected and preserved the same, as hereinafter
provided in this article.
§38-2-9. Notice and recordation of subcontractor's lien.
For the purpose of perfecting and preserving his or her lien, every such subcontractor mentioned in section two of this
article shall, within sixty seventy-five days after the
completion of his or her subcontract, give to the owner or his or
her authorized agent, by any of the methods provided by law for
the service of a legal notice or summons, a notice of lien, which
notice shall be sufficient if in form and effect as follows:
Notice of Mechanic's Lien.
To......................
You will please take notice that the undersigned
................. was and is subcontractor with .................
who was and is general contractor for the furnishing of materials
and doing of the work and labor, necessary to the completion of
(here describe the nature of the subcontract) on that certain
building (or other structure or improvement as the case may be),
owned by you and situate on lot number ....... of block number
....... as shown on the official map of ............ (or other
definite and ascertainable description of the real estate) and
that the contract price and value of said work and materials is
$....... You are further notified that the undersigned has not
been paid therefor (or has been paid only $....... thereof) and
that he claims and will claim a lien upon your interest in the
said lot (or tract) of land and upon the said buildings,
structures and improvements thereon to secure the payment of the
said sum.
........................
State of West Virginia,
County of ............................., being first duly
sworn, upon his oath says that the statements in the foregoing
notice of mechanic's lien are true, as he verily believes.
Taken, subscribed and sworn to before me this ....... day of
..................., 19....
My commission expires .........................
....................
(Official Capacity)
But such the lien shall be discharged and avoided, unless
within ninety days after the completion of his or her subcontract
as aforesaid such the subcontractor shall cause to be recorded in
the office of the clerk of the county court commission of the
county wherein such the property is situate a notice of such the
lien, which notice shall be sufficient if in form and effect as
that provided in section eight of this article.
§38-2-11. Notice and recordation of lien for supplies furnished
to contractor or subcontractor.
For the purpose of perfecting and preserving his or her
lien, every materialman or furnisher of machinery or other
necessary equipment, who shall have furnished material, machinery
or equipment under a contract with any contractor or with any
subcontractor, as set forth in section four of this article,
within sixty seventy-five days after he or she shall have ceased to furnish such material or machinery or other equipment, shall
give to the owner, or his or her authorized agent, by any of the
methods provided by law for the service of a legal notice or
summons, a notice of such lien, which notice shall be sufficient
if in form and effect as follows:
Notice of Mechanic's Lien.
To...................
You will please take notice that the undersigned
............... has furnished and delivered to ...............
who was contractor with you (or subcontractor with
..............., who was contractor with you, as the case may be)
for use in the erection and construction (or repair, removal,
improvement, as the case may be) of (here list the buildings or
other structure or improvement to be charged) on the real estate
known as (here insert an adequate and ascertainable description
of the real estate to be charged) and the said materials were of
the nature and were furnished on the dates and in the quantities
and at the price as shown in the following account thereof:
(Here insert itemized account.)
You are further notified that the undersigned has not been
paid the sum of $ ..... (or that there is still due and owing to
the undersigned thereon the sum of $ ......) and that he claims
a lien upon your interest in the said lot (or tract) of land and
upon the said buildings, structures and improvements thereon, to
secure the payment of the said sum.
........................
State of West Virginia,
County of ..................., being first duly sworn, upon
his oath says that the statements in the foregoing notice of lien
contained are true, as he verily believes.
Taken, subscribed and sworn to before me this ....... day of
.............., 19.....
My commission expires ........................
....................
(Official Capacity)
But such the lien shall be discharged and avoided, unless,
within ninety days after such materialman or other furnisher of
machinery or other necessary equipment shall have ceased to
furnish such materials or machinery or other equipment, he or she
shall cause to be recorded in the office of the clerk of the
county court commission of the county wherein such property is
situate a notice of such lien, which notice shall be sufficient
if in form and effect as that provided in section eight of this
article, and which recorded notice need not include such itemized
account.
§38-2-13. Notice and recordation of lien of mechanic or laborer
working for contractor or subcontractor.
For the purpose of perfecting and preserving his or her
lien, every workman, artisan, mechanic, laborer or other person who shall have performed any work or labor upon such the building
or improvement thereto, under a contract with any general
contractor or with any subcontractor, as set forth in section six
of this article, shall cause to be given to the owner, or his or
her authorized agent, by any of the methods provided by law for
the service of a legal notice or summons, within sixty seventy-
five days after he or she shall have ceased to perform any such
work or labor, a notice of such the lien, which notice shall be
sufficient, if in form and effect as follows:
Notice of Mechanic's Lien.
To..................
You will please take notice that the undersigned has
performed work and labor under a contract with ...............
who was general contractor with you (or who was subcontractor
with ..............., who was general contractor with you) in the
erection and construction (or removal, repair, improvement or
otherwise, as the case may be) of a certain building (or other
structure or improvement) on real estate known as (here insert an
adequate and ascertainable description of the real estate to be
charged) and that said the work and labor was of the kind, was
performed on the dates, for the purposes and at the prices, as
shown in the following itemized account thereof:
(Here insert itemized account.)
You are further notified that the undersigned has not been
paid the sum of $...... (or that there is still due and owing to the undersigned thereon the sum of $ ......) and that he claims
a lien upon your interest in the said lot (or tract) of land and
upon the said buildings, structures and improvements thereon to
secure the payment of the said sum.
........................
State of West Virginia,
County of ....................., being first duly sworn,
upon his oath says that the statements in the foregoing notice of
mechanic's lien contained are true, as he verily believes.
Taken, subscribed and sworn to before me this ...........
day of ................., 19......
My commission expires ..........
.......................
(Official Capacity)
But such the lien shall be discharged, unless such workman,
artisan, mechanic, laborer or other person shall cause to be
recorded in the office of the clerk of the county court
commission wherein such property is situate, within ninety days
after he or she shall have ceased to do work or perform labor
upon such the building or improvement thereto, a notice of such
the lien, which notice shall be sufficient if in form and effect
as that provided in section eight of this article and which
recorded notice need not include such itemized account.
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(NOTE: The purpose of this bill is to allow all subcontractors and those providing labor or materials to
contractors or subcontractors seventy-five days within which to
claim their mechanics' liens.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)