WVC 38 - 2 - 20
§38-2-20. Preliminary notice to owner; effect.
Any laborer or other person employed to do any work or
furnish any materials or machinery for the erection,
construction, alteration, repair or removal of any building or
other structure, or any improvement appurtenant thereto, by
another who may have contracted with the owner therefor may,
before doing any work or furnishing any material or machinery,
give the owner of such building or other structure or improvement
thereto notice in writing that if he is not paid therefor by the
person employing him, he will look to the owner for payment; and
it shall not be necessary for the person who has given such
notice in writing to file the account and notice with the owner
within sixty days of the date of the doing of the last work or of
the furnishing of the last of such materials or machinery, unless
he is required by the owner in writing within such sixty days to
do so, and his neglect or failure to file such notice and account
within sixty days, unless so required to do so, shall in no way
affect or impair his lien if it be otherwise perfected and
preserved, as provided in this article.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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