West Virginia Code § 38-2-23

Effect of failure of owner to record contract and bond
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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 leand 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 marterials, 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.

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