West Virginia Statutes

§ 21-11A-2 — Applicability of article

West Virginia·Ch. 21 LABOR·Art. 11A NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS

This article does not apply to an action:

(1)Against a contractor for which a claimant, as a consumer, is entitled to a specific remedy pursuant to Chapter 46A of this code;
(2)Against a contractor who is not licensed under the provisions of §30-42-1et seq., of this code;
(3)Demanding damages of $5,000 or less;
(4)Alleging a construction defect that poses an imminent threat of injury to person or property;
(5)Alleging a construction defect that causes property not to be habitable;
(6)Against a contractor who failed to provide the notice required by §21-11A-5 or §21-11A-6 of this code;
(7)Against a contractor if the parties to the contract agreed to submit claims to mediation, arbitration, or another type of alternative dispute resolution; or
(8)Alleging claims for personal

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Legislative History

2021 Reg. Sess., HB2006; 2003 Reg. Sess., SB440

Nearby Sections

15
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