For the purpose of perfecting and preserving his or her lien, every subcontractor mentioned in section two of this article shall, within one hundred days after the completion of his or her subcontract, 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 lien, which notice shall be sufficient if in form and effect as follows:
Notice of Mechanic's Lien.
To ...............................
You will please take notice that the undersigned ................... was and is subcontractor with ................. who was and is general contractor for the furnishing of materials and doing of the work and labor, necessary to the completion of (here describe the nature of the subcontract) on that certain building (or other structure or improvement as the case may be), owned by you and situate on lot number ....... of block number .......... as shown on the official map of .................. (or other definite and ascertainable description of the real estate) and that the contract price and value of said work and materials is $....... You are further notified that the undersigned has not been paid therefor (or has been paid only $.......... thereof) and that he or she claims and will claim 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 or her oath says that the statements in the foregoing notice of mechanic's lien are true, as he or she verily believes.
Taken, subscribed and sworn to before me this .......... day of ..................., 20.....
My commission expires ......................
...................................
(Official Capacity)
But the lien shall be discharged and avoided, unless, within one hundred days after the completion of his or her subcontract as aforesaid, the subcontractor shall cause to be recorded in the office of the clerk of the county commission of the county wherein the property is situate, a notice of the lien, which notice shall be sufficient if in form and effect as that provided in section eight of this article.
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