WVC 21 - 11 A- 3
§21-11A-3. Suit by contractor; perfecting mechanic's lien.
(a) If a contractor, subcontractor, supplier or design
professional files suit against a property owner upon whose
property they provided goods or services, this article is not
applicable, and a claimant alleging a construction defect may
counterclaim or file an independent action, as appropriate.
(b) Nothing in this article precludes a contractor,
subcontractor, supplier or design professional from perfecting a
lien in accordance with the provisions of article two, chapter
thirty-eight of this code.