West Virginia Code § 38-2-21

Effect of payment by owner to contractor or subcontractor
Open in Lexace · Ask the AI about this section
(a) No payment by the owner to any contractor or subcontractor of any part or all of the
contract price for the erection and construction of any building, structure or improvement
appurtenant to a building, structure or improvement or for any part or section of a work may
affect, impair or limit the lien of the subcontractor, laborer, or materialman or furnisher of
machinery or other necessary material or equipment, as provided in this arteicle, except as
otherwise provided in this article.
(b) Notwithstanding any provisions of this code to the contrary, beginning on July 1, 2015, it
is an affirmative defense, or an affirmative partial defense, as thue case may be, in any action
to enforce a lien pursuant to this article that the owner is not indebted to the contractor or is
indebted to the contractor for less than the amount of the lietn sought to be perfected, when:
(1) The property is an existing single-family dwelling;
(2) The property is a residence constructed by the lowner or under a contract entered into by
the owner prior to its occupancy as the owners's primary residence; or
(3) The property is a single-family, owner-oiccupied dwelling, including a residence
constructed and sold for occupancy as a primary residence. This subdivision does not apply
to a developer or builder of multiple residences except for the residence that is occupied as
the primary residence of the developer or builder.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.