Senate Bill No. 165
(By Senators Sharpe, Ross, Mitchell, Deem, Helmick and
Anderson)
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[Introduced February 16, 2001; referred to the
Committee on the Judiciary.]
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A BILL to amend and 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 or her
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 or her work provided for in such
contract, cause to be recorded, in the office of the clerk of the
county court 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 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 or she 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 or she 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 or her
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
commission of the county wherein such property is situate, within
ninety one hundred days from the date when he or she 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 or she
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
or her oath says that the statements in the foregoing notice of
lien contained are true, as he or she 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 or her 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
commission of the county wherein such property is situate, within
ninety one hundred days after he or she shall have ceased to
perform any such work or labor, a notice of his or her 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 said 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 or she
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 or
her oath says that the statements in the foregoing notice of
mechanic's lien contained are true, as he or she 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.
NOTE: The purpose of this bill is to increase to 120 days
from the date the work is completed the time for contractors and
100 for subcontractors, materialmen and laborers to perfect a
lien upon the improved property for the sums due for the
construction, supplies or labor.
Strike-throughs indicate language which would be stricken
from the present law, and underscoring indicates new language
that would be added.