H. B. 4354
(By Mr. Speaker, (Mr. Kiss))
[Introduced February 2, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §38-2-7 of the Code of West Virginia,
1931, as amended, relating to mechanics' liens; correcting
confusing language.
Be it enacted by the Legislature of West Virginia:
That §38-2-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. MECHANICS' LIENS.
§38-2-7. Necessity and period for perfecting lien.
But the Unless perfected and preserved by notice and
recordation as provided in this article, a lien created and
authorized by section one of this article shall be discharged from
and after one hundred 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 one hundred 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
one hundred 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 one hundred 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 one hundred 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 one hundred 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 first above
provided in this article section.
NOTE: The purpose of this bill is to add language to minimize
the likelihood that a reader might be induced to believe that he or
she had more time than actually existed to perfect a lien upon the
subject property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.