Farley v. Zapata Coal Corp.

McGraw, Justice:

This appeal presents three issues which are here for the first time: (1) does a mechanic’s lien for the value of work and labor performed include vacation and sick pay; (2) may a lien for liquidated damages, which arises upon a contractor’s default in payment of wages, be enforced in a mechanics’ lien proceeding against the corporation employing the contractor; and (3) are attorney fees recoverable in a suit to enforce mechanics’ liens. The first issue deals solely with the interpretation of our mechanics’ lien statutes, specifically W.Va. Code § 38-2-31 (1966). The latter two…