W. Va. Code § 21-11A-2

Current through 2024 Regular Session legislation approved by the Governor on March 22, 2024

Section 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;

(2) Against a contractor who is not licensed under the provisions of §30-42-1 et 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 injury or death.

W. Va. Code § 21-11A-2

Amended by 2021 Acts, ch. 202 (HB 2006), eff. 6/15/2021.