The bond referred to in section twenty-two of this article shall be sufficient if in form and effect as follows:
Know all men by these presents:
That ............... as principal, and ............... as sureties (or surety) are held and firmly bound unto ............... in the just and full sum of $............, to the payment whereof well and truly to be made, we bind ourselves, our heirs, administrators and assigns, jointly and severally by these presents.
Sealed with our seals and dated this ........ day of ................., 19....
The condition of the above obligation is such:
That whereas, the said ............... has entered into a certain contract with ............... for the building and erection by the said ............... for the said ............... of a certain ..............., to be situated ...............; and whereas, it is agreed between the above-named principal and surety that no change or modification of such contract
shall operate to discharge the surety upon this bond; now, therefore, if the said ............... shall well and truly perform his said contract, shall pay off, satisfy and discharge all claims of subcontractors, laborers, materialmen and all persons furnishing material or doing work upon said building and shall save the said ............... and his property harmless from any and all liability, over and above the contract price thereof, between the said owner and the said contractor, for all of such labor and materials, and shall fully pay off and discharge and secure the release of any and all mechanics' liens which may be placed upon said property by any such subcontractor, laborer or materialman, then this obligation shall be null and void. Otherwise to remain in full effect.
(Seal)
(Seal)
(Seal)
Acknowledged before the subscriber, a notary public, in and for the State of West Virginia and County of .........., this ........ day of .................., 19....
My commission expires ............................
Notary Public.
No change or modification of any such contract between such owner and such general contractor shall operate to discharge or release the obligation of the surety or sureties upon any such bond.
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