For the purpose of perfecting and preserving his or her lien, every materialman or furnisher of machinery or other necessary equipment who has furnished material, machinery or equipment under a contract with any contractor or with any subcontractor, as set forth in section four of this article, within one hundred days after he or she has ceased to furnish the material or machinery or other equipment shall give to the owner or his or her authorized agent, by any of the methods provided by law for the service of a legal notice or summons, a notice of the lien. The notice will be sufficient if in form and effect as follows:
Notice of Mechanic's Lien.
To ...........................
You will please take notice that the undersigned ................... has furnished and delivered to ............... who was contractor with you (or subcontractor with ..............., who was contractor with you, as the case may be) for use in the erection and construction (or repair, removal, improvement or otherwise, as the case may be) of (here list the buildings or other structure or improvement to be charged) on the real estate known as (here insert an adequate and ascertainable description of the real estate to be charged) and the said materials were of the nature and were furnished on the dates and in the quantities and at the price as shown in the following account thereof:
(Here insert itemized account.)
You are further notified that the undersigned has not been paid the sum of $............. (or that there is still due and owing to the undersigned thereon the sum of $............) and that he claims a lien upon your interest in the said lot (or tract) of land and upon the buildings, structures and improvements thereon, to secure the payment of the said sum.
.....................................
State of West Virginia,
County of ................, being first duly sworn, upon his oath says that the statements in the foregoing notice of lien contained are true, as he verily believes.
Taken, subscribed and sworn to before me this ............ day of .............., 20.....
My commission expires .........................
.......................................
(Official Capacity)
The lien shall be discharged and avoided unless, within one hundred days after the materialman or other furnisher of machinery or other necessary equipment ceased to furnish the materials or machinery or other equipment, he or she recorded in the office of the clerk of the county commission of the county wherein the property is situate a notice of the lien. The notice shall be sufficient if in form and effect as that provided in section eight of this article. The recorded notice need not include the itemized account.
Structure West Virginia Code
§38-2-2. Lien of Subcontractor
§38-2-3. Lien of Materialman Furnishing Supplies to Owner
§38-2-4. Lien of Materialman Furnishing Supplies to Contractor or Subcontractor
§38-2-5. Lien of Mechanic or Laborer Working for Owner
§38-2-6. Lien of Mechanic or Laborer Working for Contractor or Subcontractor
§38-2-6a. Lien of Architect, Surveyor, Engineer or Landscape Architect
§38-2-7. Necessity and Period for Perfecting Lien
§38-2-8. Notice and Recordation of Contractor's Lien
§38-2-9. Notice and Recordation of Subcontractor's Lien
§38-2-10. Notice and Recordation of Lien for Supplies Furnished to Owner
§38-2-11. Notice and Recordation of Lien for Supplies Furnished to Contractor or Subcontractor
§38-2-12. Notice and Recordation of Lien of Mechanic or Laborer Working for Owner
§38-2-14. Discharge of Lien for Failure to Comply With Article
§38-2-15. Publication and Posting of Notice to Nonresident Owner or Owner Not Found
§38-2-16. What Deemed Included in One Contract
§38-2-17. Priority of Mechanics' Liens Over Other Liens
§38-2-18. Priority as Among Mechanics' Lienors
§38-2-19. Demand of Account by Owner; Discharge of Lien for Failure to File Account
§38-2-20. Preliminary Notice to Owner; Effect
§38-2-21. Effect of Payment by Owner to Contractor or Subcontractor
§38-2-22. Limitation of Owner's Liability by Recordation of Contract and Bond of General Contractor
§38-2-23. Effect of Failure of Owner to Record Contract and Bond
§38-2-25. Amount of Rural Land Subject to Lien
§38-2-26. Enforcement of Contractor's Bond in Suit to Enforce Lien
§38-2-28. Proof of Sale and Delivery Prima Facie Proof of Use of Materials
§38-2-29. Lien on Several Structures
§38-2-30. Compensation and Lien of Contractor on Default of Owner
§38-2-31. Lien Against Corporation for Work or Labor; Priority
§38-2-32. Perfecting Lien for Work or Labor Against Corporation
§38-2-33. Clerk to Record Notices of Liens Against Corporations for Work and Labor
§38-2-34. Time Within Which Suit to Enforce Lien May Be Brought; Right of Other Lienors to Intervene
§38-2-35. Decree of Sale in Suit to Enforce Lien; Personal Decree
§38-2-36. Discharge or Release of Lien; Recordation; Escrow; Disbursement of Escrow
§38-2-37. Ordering Clerk to Execute Release When Lienholder Refuses
§38-2-38. Enforcement of Lien by Executor, Administrator or Assignee
§38-2-39. Public Building; Bond of Contractor; Recordation of Bond; No Lien in Such Case