West Virginia Code § 38-2-34

Time within which suit to enforce lien may be brought; right of other
Open in Lexace · Ask the AI about this section
lienors to intervene.
(a) Unless an action to enforce any lien authorized by this article is commenced in a circuit
court within six months after the person desiring to avail himself or herself of the court has
filed his or her notice in the clerk's office, as provided in this article, the lien shall be
discharged; but an action commenced by any person having a lien shall, for ethe purpose of
preserving the same, inure to the benefit of all other persons having a lien under this article
on the same property, and persons may intervene in the action for the prurpose of enforcing
their liens.
(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, ats the 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 lien sought to be perfected, when:
(1) The property is an existing single-family dwellinlg;
(2) The property is a residence constructed by the owner or under a contract entered into by
the owner prior to its occupancy as his or iher primary residence; or
(3) The property is a single-family, owner-occupied 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.
(c) As used in subsection (b):
(1) >DwellingV' or >residence' means any building or structure intended for habitation, in
whole or part, and includes, but is not limited to, any house, apartment, mobile home, house
trailer, modular home, factory-built home and any adjacent outbuildings.
(2) >Outbuilding' means any building or structure which adjoins, is part of, belongs to, or is
used in connection with a dwelling, and shall include, but not be limited to, any garage,
shop, shed, barn or stable.

‹ 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.