West Virginia Code
Article 2. Mechanics' Liens
§38-2-18. Priority as Among Mechanics' Lienors

Of the persons acquiring liens by virtue of this article and solely for determining priorities as among such persons, laborers, artisans, mechanics, workmen and furnishers of material, machinery and other necessary equipment, shall have first liens, and the lien of such persons, when perfected and preserved as required by this article, shall take precedence over any lien taken or to be taken by the contractor or subcontractor indebted to them for labor, material, machinery or other equipment, to the extent of the amount of the lien of such contractor or subcontractor, and the lien of a subcontractor shall take precedence over any lien taken or to be taken by a contractor indebted to him upon his subcontract, to the extent of the amount of the lien of such contractor, and every assignment or transfer by any such head contractor of his contract with the owner or by any such subcontractor of his contract with the contractor, or any proceeding in attachment or otherwise against such head contractor or subcontractor, with the purpose of encumbering or subjecting his interest in such contract, shall be subject and subordinate to the liens of all such subcontractors, laborers, workmen, artisans, materialmen and furnishers of machinery and other necessary equipment who shall perfect their liens according to the provisions of this article. But all of such perfected liens of such laborers and workmen and of such materialmen and furnishers of machinery and of such contractors and subcontractors, respectively, shall be of equal dignity without priority among themselves, except as otherwise provided in this article.

Structure West Virginia Code

West Virginia Code

Chapter 38. Liens

Article 2. Mechanics' Liens

§38-2-1. Lien of Contractor

§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

§38-2-13. Notice and Recordation of Lien of Mechanic or Laborer Working for Contractor or Subcontractor

§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

§38-2-24. Form of Bond

§38-2-25. Amount of Rural Land Subject to Lien

§38-2-26. Enforcement of Contractor's Bond in Suit to Enforce Lien

§38-2-27. Clerk of County Court to Record Notices of Liens, Contracts and Bonds; Record Book; Indexing

§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