Senate Bill No. 28
(By Senator Sharpe, Ross and Mitchell)
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[Introduced January 12, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact sections seven, eight and nine,
article two, chapter thirty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to increasing to one hundred eighty days the
period in which a contractor and subcontractor may perfect
a lien for improvements to real property.
Be it enacted by the Legislature of West Virginia:
That sections seven, eight and nine, 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 one hundred
eighty days from the completion of the contract, and the lien
created and authorized by section two of this article shall be
discharged from and after seventy-five one hundred eighty days
from the completion of 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 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 seventy-five days from the date of
the furnishing of the last of 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 the
work and labor, and the lien created and authorized by section
six of this article shall be discharged from and after
seventy-five days from the date of the performing of the last of
the work and labor, unless within the respective periods, the
claimant of any such lien shall have perfected and preserved the same, as hereinafter provided in this article.
§38-2-8. Notice and recordation of contractor's lien.
For the purpose of perfecting and preserving his or her
lien, any such general contractor as is mentioned in section one
of this article shall, within ninety one hundred eighty days
after the completion of his or her work provided for in such the
contract, 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 lien, which notice shall be
sufficient if in form and effect as follows:
Notice of Mechanic's Lien.
To...................
Notice is hereby given, in accordance with the laws of the
State of West Virginia, that the undersigned claims a lien to
secure the payment of the sum of $......... upon your interest in
and to lot number ......... of block number ......... as shown on
the official map of the city of .......... (or other adequate and
ascertainable description of the real estate to be charged), and
upon the following buildings, structures and improvements
thereon: (List the buildings, structures or improvements sought
to be charged.)
Given under my hand this ..... day of ............, 19.....
.........................
State of West Virginia,
County of .................
..............., being first duly sworn, upon his oath says that
the statements contained in the foregoing notice of lien are
true, as he verily believes.
Taken, subscribed and sworn to before me this ...... day of
................., 19.....
My commission expires .................
...................
(Official Capacity)
§38-2-9. Notice and recordation of subcontractor's lien.
For the purpose of perfecting and preserving his or her
lien, every subcontractor mentioned in section two of this
article shall, within seventy-five one hundred eighty 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 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 the lien shall be discharged and avoided, unless within
ninety one hundred eighty days after the completion of his or her
subcontract as aforesaid the subcontractor shall cause to be
recorded in the office of the clerk of the county commission of
the county wherein the property is situate a notice of the lien,
which notice shall be sufficient if in form and effect as that
provided in section eight of this article.
NOTE: The purpose of this bill is to increase to 180 days
from the date the work is completed the time for contractors and
subcontractors to perfect a lien upon the improved property for
the sums due for the construction.
Strike-throughs indicate language which would be stricken
from the present law, and underscoring indicates new language
that would be added.