§21-11A-2. Applicability of Article
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;
§21-11A-3. Suit by Contractor; Perfecting Mechanic's Lien
(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. (b) Nothing in this article precludes a contractor, subcontractor, supplier or […]
§21-11A-4. Applicability of Definitions; Definitions
For the purposes of this article, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this article. These definitions are applicable unless a different meaning clearly appears from the context. (1) “Action” means any civil action, or […]
§21-11A-5. Contract for Residential Improvements; Notice
(a) Upon entering into a contract for residential improvements, the contractor shall provide notice to the owner of the real property of the right of the contractor, or any subcontractor, supplier or design professional to offer to cure construction defects before a claimant may commence litigation against the contractor, or a subcontractor, supplier or design […]
§21-11A-6. Contractor Notification Requirements for a New Residential Dwelling Constructed for Sale
(a) A contractor who constructs a new residential dwelling shall, at or before the closing of the sale, provide in writing to the initial purchaser of the residence: (1) The name, license number, business address and telephone number of each subcontractor, supplier or design professional who provided goods or services related to the design or […]
§21-11A-7. Prerequisites to Commencing an Action
(a) The procedures contained in this article are exclusive and required prerequisites to commencing a civil action under the West Virginia rules of civil procedure. (b) If a claimant files a civil action alleging a construction defect without first complying with the provisions of this article, then on application by a party to the action, […]
§21-11A-8. Notice of Claim of Construction Defect
(a) A claimant asserting a claim of a construction defect under this article shall file notice of the claim as provided by this section. (b) The notice of claim shall: (1) Be in writing and signed by the claimant or the claimant's authorized representative;
§21-11A-9. Service on Additional Parties
Within fourteen days after the initial service of the notice of claim required in subsection (a) of this section, the contractor shall forward a copy of the notice to each subcontractor, supplier and design professional who the contractor reasonably believes is responsible for a defect specified in the notice and include with the notice a […]
§21-11A-10. Request for Voluntary Disclosure of Additional Information
(a) Upon the filing of a claim, parties may request to review and copy relevant information in the possession or custody or subject to the control of the other party that pertains to the alleged construction defect, including, without limitation: (1) Reports of outside consultants or experts; or
§21-11A-11. Duty to Negotiate
The parties shall negotiate in accordance with the times set forth in section twelve of this article (relating to timetable) to attempt to resolve all claims. No party is obligated to settle with the other party as a result of the negotiation.