WHO MAY CLAIM One who performs labor or furnishes material to erect, build, construct, alter, remove, or repair any building under a contract with the owner/contractor. Includes design professionals such as architects. WV CODE § 38-2-1 (general contractor: contracts with owner) WV CODE § 38-2-2 (subcontractor: contracts with general contractor or subcontractor) WV CODE § 38-2-3 (materialman furnishing to owner) WV CODE § 38-2-4 (materialman furnishing to contractor or subcontractor) WV CODE § 38-2-5 (mechanic or laborer performing work per contract with owner) WV CODE § 38-2-6 (mechanic or laborer performing work per contract with contractor or subcontractor) WV CODE § 38-2-6A (design professionals) DEADLINE TO PERFECT Lien must be recorded within 100 days from completion of contract or last day performing work or supplying materials. WV CODE § 38-2-7 BROKEN PRIORITY When perfected, lien date relates back to the date when any work is performed or materials supplied, which has been taken to means the lien of the last mechanic or materialman working on or supplying materials or products for a construction project can relate back to the date (with the same priority) that the first mechanic or materialman performed work or supplied materials. WV CODE § 38-2-17 DURATION OF LIEN Lien must be enforced within 6 months of lien filing date. But an action commenced by any person having a lien shall, for the purpose of preserving the same, inure to the benefit of all other persons having a lien under this article on the same property, and persons may intervene in the action for the purpose of enforcing their liens. WV CODE § 38-2-34 CONTENTS OF LIEN Required contents of lien vary depending on lien claimants as set forth in WV CODE § 38-2-1 to WV CODE § 38-2-6A Substantial compliance required. Form can vary; however, effect of notice must remain the same. Gray Lumber Co. v. Devore, 1960, 112 S.E.2d 457, 145 W.Va.91. WV CODE § 38-2-8 (notice of contractor’s lien) WV CODE § 38-2-9 (notice of subcontractor’s lien) WV CODE § 38-2-10 (notice of lien for supplies furnished to owner) WV CODE § 38-2-11 (notice of lien for supplies furnished to (sub)contractor) WV CODE § 38-2-12 (notice of lien for mechanic or labor working for owner) WV CODE § 38-2-13 (notice of lien for mechanic or labor working for (sub)contractor) WEST VIRGINIA WEST VIRGINIA – 551 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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