H. B. 2239
(By Delegates Claypole, Cann, Staton,
Buchanan and Coleman)
[Introduced February 27, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seven, article two, chapter
thirty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to discharge and
perfection of construction liens; and increasing the period
allowed for perfecting a mechanic's lien.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter thirty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. MECHANICS' LIENS.
§38-2-7. Necessity and period for perfecting lien.
But (a) The lien created and authorized
for the general
contractor 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
for the subcontractor by section two of this article shall be discharged
from and after
sixty one hundred twenty days from the completion
of
such the subcontract.
and The lien created and authorized
for the materialman furnishing supplies to owner 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
for the materialman furnishing supplies to contractor
or subcontractor by section four of this article shall be
discharged from and after sixty 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
for
the mechanic or laborer working for owner 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
for the mechanic or laborer
working for contractor or subcontractor by section six of this
article shall be discharged from and after sixty days from the
date of
the performing
of the last of
such the work and labor.
unless within such respective periods, the claimant of any such
lien shall have perfected and preserved the same, as hereinafter
provided in this article
(b) No lien may be discharged under the provisions of subsection (a) of this section that has been perfected and
preserved within the respective time periods, as provided in this
article.
NOTE: The purpose of this bill is to increase from sixty to
one hundred twenty the number of days allowed to perfect a
mechanic's lien for subcontractors.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.