ENROLLED
H. B. 4698
(By Mr. Speaker, Mr. Kiss and Delegates Amores,
Craig, Michael, Pino, Stemple, Overington,
Azinger and Hartman)
[Passed March 9, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §38-2-9 of the Code of West Virginia,
1931, as amended, relating to changing the filing time for a
subcontractor's lien to one hundred days rather than
seventy-five days to be consistent with the filing time for a
mechanic's lien.
Be it enacted by the Legislature of West Virginia:
That §38-2-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. MECHANICS' LIENS.
§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 one hundred 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 or her 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 ..................., 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.