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.