Problem SOLVING Is Our Business

1. §38-2-8 Notice and recordation of contractor’s lien.

2. §38-2-9 Notice and recordation of subcontractor’s lien.

3. §38-2-11 Notice and recordation of lien for supplies furnished to
    contractor or subcontractor.

4. §38-2-13 Notice and recordation of lien of mechanic or laborer working
    for contractor or subcontractor.

5. §38-2-24 Form of Bond

6. Partial Release of Mechanic’s Lien

7. Partial Waiver and Release by Subcontractor/Supplier

8. Final Release of Mechanic’s Lien

9. Final Waiver and Release by Subcontractor/Supplier

§38-2-8             Notice and recordation of contractor’s lien.

To ........................

Notice is hereby given, in accordance with the laws of the State of West Virginia, that the undersigned claims a lien to secure the payment of the sum of $ ................ upon your interest in and to lot number .........................
of block number ....................... as shown on the official map of the city
of .................................... (or other adequate and ascertainable description
of the real estate to be charged), and upon the following buildings, structures and improvements thereon: (List the buildings, structures
or improvements sought to be charged.)

Given under my hand this ............ day of ......................., 20.......

State of West Virginia,
County of ........................

..........................., being first duly sworn, upon his oath says that the statements contained in the foregoing notice of lien are true, as he verily believes.

Taken, subscribed and sworn to before me this ........... day of .................., 20.....

My commission expires ................................................................................................

§38-2-9            Notice and recordation of subcontractor’s lien.

To ...................................

You will please take notice that the undersigned .................................. was and is subcontractor with ......................... who was and is general contractor for the furnishing of materials and doing of the work and labor, necessary
to the completion of (here describe the nature of the subcontract) on that certain building (or other structure or improvement as the case may be), owned by you and situate on lot number ................ of block number ..................... as shown on the official map of ..............................
(or other definite and ascertainable description of the real estate) and
that the contract price and value of said work and materials is $......................
You are further notified that the undersigned has not been paid therefor
(or has been paid only $............ thereof) and that he claims and will
claim a lien upon your interest in the said lot (or tract) of land and upon
the buildings, structures and improvements thereon to secure the
payment of the said sum.

State of West Virginia,
County of .....................

........................, being first duly sworn, upon his oath says that the statements contained in the foregoing notice of lien are true, as he verily believes.

Taken, subscribed and sworn to before me this ........... day of .................., 20.....

My commission expires.................................................................................................

§38-2-11            Notice and recordation of lien for supplies
                              furnished to contractor or subcontractor.

To: ......................................

You will please take notice that the undersigned .................................. has
furnished and delivered to .............................................. who was contractor with
you (or subcontractor with ............................., who was contractor with you, as
the case may be) for use in the erection and construction (or repair, removal, improvement, as the case may be) of (here list the buildings or other structure
or improvement to be charged) of the real estate known as (here insert an adequate and ascertainable description of the real estate to be charged) and
the said materials were of the nature and were furnished on the dates and in
the quantities and at the price as shown in the following account thereof:

You are further notified that t the undersigned has not been paid the sum of $......................................(or that there is still due and owing to the undersigned thereon the sum of $ ............................) and that he claims a lien upon your
interest in the said lot (or tract) of land and upon the buildings, structures
and improvements thereon, to secure the payment of the said sum.

STATE OF WEST VIRGINIA

COUNTY OF .............................

............................................, being first duly sworn, upon his oath says that the statements in the foregoing notice of mechanic’s lien contained are true, as
he verily believes.

Taken, subscribed and sworn to before me this ........... day of .............., 20.....
My commission expires ............................................................................................

§38-2-13            Notice and recordation of lien of mechanic or
                          laborer working for contractor or subcontractor.

To: .........................................
You will please take notice that the undersigned has performed work and labor under a contract with .................................... who was general contractor with you
(or who was subcontractor with ..................................., who was general contractor with you) in the erection and construction (or removal, repair, improvement or otherwise, as the case may be) of a certain building (or other structure or improvement) on real estate known as (here insert an adequate and ascertainable description of the real estate to be charged) and that said
work and labor was f the kind, was performed on the dates, for the purposes
and at the prices, as shown in the following itemized account thereof:

You are further notified that the undersigned has not been paid the sum of $..............................(or that there is still due and owing to the undersigned
thereon the sum of $ .............................) and that he claims a lien upon your
interest in the said lot (or tract) of land and upon the buildings, structures
and improvements thereon to secure the payment of the said sum.

STATE OF WEST VIRGINIA

COUNTY OF ...........................

..................................................., being first duly sworn, upon his oath says that
the statements in the foregoing notice of mechanic’s lien contained are true,
as he verily believes.

Taken, subscribed and sworn to before me this .........day of ............., 20.......
My commission expires ..........................................................................................

§38-2-24            FORM OF BOND

The bond referred to in section twenty-two [§38-2-22] of this article shall be sufficient if in form and effect as follows:

Know all men by these presents:

That ....... as principal, and ........... as sureties (or surety) are held and firmly bound unto ........ in the just and full sum of $........., to the payment whereof well and truly to be made, we bind ourselves, our heirs, administrators and assigns, jointly
and severally by these presents.

Sealed with or seals and dated this ....... day of ..............., 19......

The condition of the above obligation is such: That whereas, the said ..............
has entered into a certain contract with ................... for the building and erection
by the said ................... for the said .......................... of a certain ........................,
to be situated .................; and whereas, it is agreed between the above named principal and surety that no change or modification of such contract shall operate to discharge the surety upon this bond; now, therefore, if the said........................ shall well and truly perform his said contract, and shall pay off, satisfy and discharge all claims of subcontractors, laborers, materialmen and all persons furnishing material or doing work upon said building and shall save the said ...................and his property harmless from any and all liability, over and above the contract price thereof, between the said owner and the said contractor, for all of such labor and materials, and shall fully pay off and discharge and secure the release of any and all mechanics’ liens which may be placed upon said property by any such subcontractor, laborer or materialman, then this obligation shall be null and void. Otherwise it shall remain in full effect.

Acknowledged before the subscriber, notary public, in and for the State of West Virginia and County of ..............., this .................. day of ...................., 20.......

My commission expires .....................................................................................

For and in consideration of the amount of $........... paid to and received by ......................., the said ................., does hereby partially release that certain
Notice of Mechanic’s Lien in the amount of $............... filed on .....................,
by said ........................, and of the record in the Office of the Clerk of the County Commission of ..............., West Virginia, in Mechanic’s Lien Book ...... at Page ...... with recordation date of ..............., filed against ........................., (and any other
such property owner’s name as may be used in the Notice of Mechanic’s Line), and this release applies to said lien as it may relate to ................., its parent and subsidiaries, and their shareholders, officers, directors, successors, assigns and representatives, and .............., with the debt secured by said lien having been only partially satisfied in the amount of $........ in accordance with an agreement among the parties so that said lien remains in force and effect in the basic or principal sum of $................ and plus interest on that sum from ....................

IN WITNESS WHEREOF, said ........................ by its duly authorized representative, has caused its name to be signed to this Partial Release of Mechanic’s Lien.

Dated and signed this .... day of ................., 200...

**
By: ........................................................................
Its: ........................................................................

STATE OF .................................
COUNTY OF..............................

I, .................., a notary public of said county, do certify that ............................., did
on this the ...........day of .............., 200... appear before me, the undersigned
notary, and signed the foregoing Partial Release of Mechanic’s Lien, bearing
date of the ..............day of ..............., 200...., and did further, under oath, before me, acknowledge that he was duly authorized to sign the foregoing release and that
it was a lawful act and deed of .................................................................., a corporation.

My commission expires..................................................................

[SEAL]

For and in consideration of the payment of $____________, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned does hereby waive, release, and relinquish any and all rights, claims, demands, liens, claims for relief, causes of action and the like, whether arising at law, under a contract, in tort, in equity or otherwise, which the undersigned has now, may have had or may have in the future, arising out of the undersigned performing work, supplying labor, and furnishing materials pursuant to a subcontract or purchase order which it had with ________________________ in connection with construction
of the project known as __________________________________
located in or near ______________________________.

Use of the term ________________________ shall be deemed to mean
and refer to __________________, and its agents, representatives, employees, directors, and all others acting on their behalf.

This Waiver and Release applies to all facts, acts, events, circumstances, changes, constructive or actual delays, accelerations, extra work, disruptions, interferences and the like which have occurred, or may be claimed to have occurred, prior to the date of this Waiver and Release, whether or not known
to the undersigned as the same relate to and involve any work performed,
labor supplied, and materials furnished by the undersigned pursuant to any subcontract or purchase order which the undersigned had with _________________________________ on said project but not including
any work performed, labor supplied, and materials furnished by the undersigned pursuant to any subcontract or purchase order which the undersigned had with ______________________ on said project.

This Waiver and Release is freely and voluntarily given, and the undersigned acknowledges, warrants and represents that it has fully reviewed the terms
and conditions of this Waiver and Release, that is fully informed with respect to the legal effect of this Waiver and Release in return for the payment recited above.

The undersigned further represents that all of its obligations -- legal, equitable
or otherwise - related to or arising out of it having performed work, supplied labor, and furnished materials on the above-referenced project, have been fully paid and satisfied, including, but not limited to, the following:

Employees, laborers, materialmen and subcontractors employed by the undersigned;

Labor, materials, equipment and supplies furnished by others to the undersigned; and

Sales and use taxes, social security taxes, income-tax withholding, unemployment insurance obligations, privilege taxes, license fees, and any other taxes and obligations imposed by governmental authorities.

With respect to the foregoing representations and warranties, the undersigned does hereby agree to indemnify and hold harmless ______________, its payment and performance bond surety, if any, the Owner, and any others,
against whom a claim is asserted by virtue of involvement or relationship with them, from any and all claims, damages, losses, expenses and the like, which they may incur as a result of any claim being made that the undersigned has
not fully paid for all labor, materials and expenses incurred in connection
with it having performed work, supplied labor, and furnished materials on the Project, including reasonable attorneys’ fees, court or arbitration costs, and
expert witness and consultant fees expended in connection with the defense
of any such claim.

The undersigned further agrees that the making and receipt of payment and execution of this Waiver and Release shall in no way release the undersigned from its continuing obligations with respect to the completion of any work remaining undone, punch list work, warranty and guaranty work, and any
other obligations of the undersigned to ____________________ through
its subcontractor _________________. Moreover, if the undersigned does
hereby consent to and agree to be bound by the terms and conditions of this Waiver and Release and does hereby agree to guarantee the performance of
the undersigned with respect to each and every term and condition of this Waiver and Release and to continue in effect the obligations assumed with respect to
the original subcontract or purchase order between the undersigned and __________________.

IN WITNESS WHEREOF, on behalf of the undersigned, with full authority,
I have executed this instrument under seal effective
this _____ day of __________, 200_.

SUBCONTRACTOR/SUPPLIER

___________________________________
(Company Name)

By: ________________________________

Title: _______________________________

Sworn to and subscribed before me this ____ day of _____________, 200__.

My commission expires:____________________

SURETY (if bonded)

Attest:_________________________ By: _________________________

Date:__________________________ Title: _______________________

For and in consideration of the amount of $___________ previously paid,
and for and in consideration of the additional sum of $_________________
hereby acknowledged as being received by _______________________,
the said _________________, does hereby fully, finally, and completely release that certain Notice of Mechanic’s Lien in the amount of $_______________ filed
on _____________________, by said ________________________, and of
the record in the Office of the Clerk of the County Commission of __________, West Virginia, in Mechanic’s Lien Book ______ at Page ____ with recordation date of _______________, filed against _________________________,
(and any other such property owner’s name as may be used in the Notice of Mechanic’s Line), and this release applies to said lien as it may relate to _________________, its parent and subsidiaries, and their shareholders, officers, directors, successors, assigns and representatives, and __________, with the debt secured by said lien having been finally settled, discharged and extinguished including all interest, costs, and attorney fees due or claimed to
be due on said debt which arose on or about _________________ as claimed
by the aforementioned mechanic’s lien.

IN WITNESS WHEREOF, said ________________________ by its duly authorized representative, has caused its name to be signed to this Partial Release of Mechanic’s Lien.

Dated and signed this ____ day of _________________, 200__.

 **
By:_____________________
Its: _____________________

STATE OF ___________________
COUNTY OF__________________

I, __________________, a notary public of said county, do certify
that _________, did on this the _____ day of _______, 200_ appear before me, the undersigned notary, and signed the foregoing Partial Release of Mechanic’s Lien, bearing date of the _____ day of _______, 200___, and did further,
under oath, before me, acknowledge that he was duly authorized to sign
the foregoing release and that it was a lawful act and deed of ___________________, a corporation.

My commission expires ___________________.

[SEAL]

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For and in consideration of the payment of $____________ previously paid
unto _____________________, and for other good and valuable consideration
of the additional amount of $_______________ hereby acknowledged to being received by _______________________, the said _____________________, does hereby waive, release, and relinquish against _____________________, and any of affiliates of said entity from any and all rights, claims, demands,
liens, claims for relief, causes of action and the like, whether arising out of the undersigned performing work, supplying labor, and furnishing materials
pursuant to a subcontract or purchase order which it had with ________________________, in connection with construction of the project known as _______________________________ located in or near _________________, West Virginia.

Use of the term ________________________ shall be deemed to mean and refer to __________________, and its agents, representatives, employees, directors, and all others acting on their behalf.

This Waiver and Release applies to all facts, acts, events, circumstances, changes, constructive or actual delays, accelerations, extra work, disruptions, interferences and the like which have occurred, or may be claimed to have occurred, prior to the date of this Waiver and Release, whether or not known
to the undersigned as the same relate to and involve any work performed,
labor supplied, and materials furnished by the undersigned pursuant to any subcontract or purchase order which the undersigned had with _________________________________ on said project but not including
any work performed, labor supplied, and materials furnished by the
undersigned pursuant to any subcontract or purchase order which the undersigned had with ______________________ (or its subcontractor)
on said project the undersigned’s claim against ________________, and ___________________ in the amount of _____________ having been previously satisfied, discharged, and released.

This Waiver and Release is freely and voluntarily given, and the undersigned acknowledges, warrants and represents that it has fully reviewed the terms and conditions of this Waiver and Release, that is fully informed with respect to the legal effect of this Waiver and Release in return for the payment recited above.

The undersigned further represents that all of its obligations -- legal, equitable or otherwise - related to or arising out of it having performed work, supplied labor, and furnished materials on the above-referenced project, have been fully paid and satisfied, including, but not limited to, the following:

Employees, laborers, materialmen and subcontractors employed by the undersigned;

Labor, materials, equipment and supplies furnished by others to the undersigned; and

Sales and use taxes, social security taxes, income-tax withholding, unemployment insurance obligations, privilege taxes, license fees,
and any other taxes and obligations imposed by governmental authorities.

With respect to the foregoing representations and warranties, the undersigned does hereby agree to indemnify and hold harmless ______________, its payment and performance bond surety, if any, the Owner, and any others,
against whom a claim is asserted by virtue of involvement or relationship with them, from any and all claims, damages, losses, expenses and the like, which they may incur as a result of any claim being made that the undersigned has
not fully paid for all labor, materials and expenses incurred in connection with
it having performed work, supplied labor, and furnished materials on the
Project, including reasonable attorneys’ fees, court or arbitration costs,
and expert witness and consultant fees expended in connection with the
defense of any such claim.

The undersigned further agrees that the making and receipt of payment and execution of this Waiver and Release shall in no way release the undersigned from its continuing obligations with respect to the completion of any work remaining undone, punch list work, warranty and guaranty work, and any
other obligations of the undersigned to ____________________ through
its subcontractor _________________. Moreover, if the undersigned has furnished a bond in connection with the performance of its work, the surety
for the undersigned does hereby consent to and agree to be bound by the
terms and conditions of this Waiver and Release and does hereby agree to guarantee the performance of the undersigned with respect to each and
every term and condition of this Waiver and Release and to continue in effect
the obligations assumed with respect to the original subcontract or purchase order between the undersigned and __________________.

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