No specific statutory provision allows the parties to execute a lien waiver in the contract, but there are no cases in which the courts have refused to enforce such waivers.
“Paid if Paid” is enforced if explicit.
"Pay if paid" provisions in a subcontract will not only insulate the contractor from liability to the subcontractor if the contractor is not paid, but the provision will also protect the contractor's surety. Wellington Power Corp. v. CNA Sur. Corp., 217 W. Va. 33, 41 (W. Va. 2005).
