West Virginia Code 21-11A-3 – Suit by contractor; perfecting mechanic’s lien
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(a) If a contractor, subcontractor, supplier or design professional files suit against a property owner upon whose property they provided goods or services, this article is not applicable, and a claimant alleging a construction defect may counterclaim or file an independent action, as appropriate.
Terms Used In West Virginia Code 21-11A-3
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Lien: A claim against real or personal property in satisfaction of a debt.
(b) Nothing in this article precludes a contractor, subcontractor, supplier or design professional from perfecting a lien in accordance with the provisions of article two, chapter thirty-eight of this code.