ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 407
(Senator Sharpe, original sponsor)
____________
[Passed February 18, 2002; in effect ninety days from passage.]
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AN ACT 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 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 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 one hundred 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 ......, 20.....
...................................
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......., 20....
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
..................., 20....
My commission expires ..............
....................
(Official Capacity)
But the lien shall be discharged and avoided, unless, within
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 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 or
otherwise, 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
.............., 20.....
My commission expires ........................
....................
(Official Capacity)
But the lien shall be discharged and avoided, unless, within
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 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 ................., 20......
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 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.