ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 28

(By Senators Sharpe, Ross and Mitchell)

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[Originating in the Committee on the Judiciary;
reported January 26, 2000.]

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A BILL to amend a reenact sections seven, eight, nine, ten, eleven, twelve and thirteen, article two, chapter thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the periods in which a contractor, subcontractor, materialman and mechanic or laborer may perfect a lien for improvements to real property.

Be it enacted by the Legislature of West Virginia:
That sections seven, eight, nine, ten, eleven, twelve and thirteen, 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 twenty 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 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 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 seventy-five 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 ninety 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 seventy-five 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 provided in this article.
§38-2-8. Notice and recordation of contractor's lien.

For the purpose of perfecting and preserving his lien, any such general contractor as is mentioned in section one of this article shall, within ninety one hundred twenty days after the completion of his work provided for in such contract, cause to be recorded, in the office of the clerk of the county court of the county wherein such 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 ......, 1920..... ...................................

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......., 1920....
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 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 ..................., 1920....
My commission expires ..............
....................
(Official Capacity)
But the lien shall be discharged and avoided, unless within ninety one hundred 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.
§38-2-10. Notice and recordation of lien for supplies furnished to owner.

For the purpose of perfecting and preserving his lien, every materialman or furnisher of machinery or other necessary equipment, under a contract with the owner, as mentioned in section three of this article, shall cause to be recorded in the office of the clerk of the county court of the county wherein such property is situate, within ninety one hundred days from the date when he shall have ceased to furnish material or machinery or other necessary equipment, a notice of such lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.
§38-2-11. Notice and recordation of lien for supplies furnished to contractor or subcontractor.

For the purpose of perfecting and preserving his or her lien, every materialman or furnisher of machinery or other necessary equipment, who shall have furnished material, machinery or equipment under a contract with any contractor or with any subcontractor, as set forth in section four of this article, within seventy-five days after he or she shall have ceased to furnish such material or machinery or other equipment, shall 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 such 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 ............... has furnished and delivered to ............... who was contractor with you (or subcontractor with ..............., who was contractor with you, as the case may be) for use in the erection and construction (or repair, removal, improvement, as the case may be) of (here list the buildings or other structure or improvement to be charged) on the real estate known as (here insert an adequate and ascertainable description of the real estate to be charged) and the said materials were of the nature and were furnished on the dates and in the quantities and at the price as shown in the following account thereof:
(Here insert itemized account.)
You are further notified that the undersigned has not been paid the sum of $ ..... (or that there is still due and owing to the undersigned thereon the sum of $ ......) and that he claims 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 lien contained are true, as he verily believes.
Taken, subscribed and sworn to before me this ....... day of .............., 1920.....
My commission expires ........................
....................
(Official Capacity)
But the lien shall be discharged and avoided, unless, within ninety one hundred days after such materialman or other furnisher of machinery or other necessary equipment shall have ceased to furnish such materials or machinery or other equipment, he or she shall cause to be recorded in the office of the clerk of the county commission of the county wherein such property is situate a notice of such lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article and which recorded notice need not include such itemized account.
§38-2-12. Notice and recordation of lien of mechanic or laborer working for owner.

For the purpose of perfecting and preserving his lien every such workman, artisan, mechanic, laborer or other person as is mentioned in section five of this article who shall have done any work or performed any labor upon any such building or improvement, under a contract with the owner thereof, shall cause to be recorded in the office of the clerk of the county court of the county wherein such property is situate, within ninety one hundred days after he shall have ceased to perform any such work or labor, a notice of his lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.
§38-2-13. Notice and recordation of lien of mechanic or laborer working for contractor or subcontractor.

For the purpose of perfecting and preserving his or her lien, every workman, artisan, mechanic, laborer or other person who shall have performed any work or labor upon the building or improvement thereto, under a contract with any general contractor or with any subcontractor, as set forth in section six of this article, shall cause to be given 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, within seventy-five days after he or she shall have ceased to perform any such work or labor, a notice of the 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 has performed work and labor under a contract with ............... who was general contractor with you (or who was subcontractor with ..............., who was general contractor with you) in the erection and construction (or removal, repair, improvement or otherwise, as the case may be) of a certain building (or other structure or improvement) on real estate known as (here insert an adequate and ascertainable description of the real estate to be charged) and that the work and labor was of the kind, was performed on the dates, for the purposes and at the prices, as shown in the following itemized account thereof:
(Here insert itemized account.)
You are further notified that the undersigned has not been paid the sum of $...... (or that there is still due and owing to the undersigned thereon the sum of $ ......) and that he claims 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 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 contained are true, as he verily believes.
Taken, subscribed and sworn to before me this ........... day of ................., 1920......
My commission expires ..........
.......................
(Official Capacity)
But the lien shall be discharged, unless such workman, artisan, mechanic, laborer or other person shall cause to be recorded in the office of the clerk of the county commission wherein such property is situate, within ninety one hundred days after he or she shall have ceased to do work or perform labor upon the building or improvement thereto, a notice of the lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article and which recorded notice need not include such itemized account.