West Virginia Code
Article 11A. Notice and Opportunity to Cure Construction Defects
§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.

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