West Virginia Code
Article 2. Mechanics' Liens
§38-2-23. Effect of Failure of Owner to Record Contract and Bond

In the event any such owner should fail to record such contract and bond, or in the event the penalty of such bond should not be equal to the contract price, or in the event such bond should not be solvent at the time when given, then such contractor shall be deemed to be the agent of such owner and the building or other structure and the improvements appurtenant thereto, together with the interest of the owner thereof in and to the lot of land whereon the same stands or to which it is removed, shall be held liable and subject to such perfected liens, for the full and true value of all work and labor done and of all materials, machinery and equipment furnished therefor, although the same may exceed in the aggregate the price stipulated in the contract between the owner and the contractor.

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