WVC 38 - 2 - 28
§38-2-28. Proof of sale and delivery prima facie proof of use of
Proof of the sale to any owner, contractor or subcontractor
of any materials, machinery or other equipment for use in the
performance of any contract mentioned in this article, and of the
delivery of such materials, machinery or other equipment to such
contractor or subcontractor, shall be prima facie proof of the
use of such materials, machinery or equipment in the erection and
construction of such building or other structure and of the
improvements appurtenant thereto, and upon the proving of such
facts, the burden of showing that such materials, machinery and
equipment were not used in such building or other structure or
improvement appurtenant thereto shall be upon the owner or other
person disputing such use thereof.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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