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Introduced Version House Bill 2900 History

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hb2900 intr
H. B. 2900


(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced March 7, 2005; 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; and correcting confusing statutory 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 hereinafter 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.
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