Page 52 - State Law Summary of Mechanic's Lien Law

West Virginia WV

What is the statutory authority?
W. Va. Code, § 38-2-1 et. seq.
What is the Attachment Date of the Mechanic’s Lien?
The lien attaches as of the date labor, material, machinery or other necessary
equipment shall have begun to be furnished. W. Va. Code § 38-2-17. All perfected
mechanic’s liens and materialmen’s liens attach at the time the initial construction
of the building is commenced. Carolina Lumber Co. v. Cunningham, 192 S.E.2d 722
(1972).

What constitutes visible commencement of construction?
The first furnishing of labor, materials, machinery or other necessary equipment.
W. Va. Code § 38-2-17.
What is the priority of the insured construction mortgage/
deed of trust?
A deed of trust recorded before labor, material, machinery or other necessary
equipment shall have begun to be furnished to the real property has priority over
mechanic’s liens. W. Va. Code § 38-2-17.

A recorded mechanic’s lien has priority over non-obligatory future advances made
after the lender receives written notice of the lien.
W. Va. Code § 38-1-14(a)(3) and (e).
If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
A general contractor’s lien must be filed within 100 days after the completion of
their work in the clerk of the county court where the property is located. W.Va.
Code. §38-2-8.
A subcontractor’s lien must be filed within 90 days from their cessation of work
or labor in the clerk of the county court where the property is located. W.Va. Code
§38-2-9.

What is the period of enforcement of a filed mechanic’s lien?
A lien must be enforced by filing an action in a circuit court within 6 months after
the lien notice is filed with the clerk’s office. If no action is taken within that time
period, the lien is discharged. A court action filed by one lienholder benefits all
lienholders and other lienholders may intervene to enforce their own liens.
W.Va. Code §38-2-34(a).

Is there a procedure to bond over the mechanic’s lien(s)?
No, however, the owner may limit the total amount of liens to the contract price if it
records the contract and files a payment bond equal to the contract price.
W. Va. Code § 38-2-22.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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