Negotiation is a consensual bargaining process in which the parties attempt to resolve the claim. A negotiation under this article may be conducted by any method, technique or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement and settle.
Structure West Virginia Code
Article 11A. Notice and Opportunity to Cure Construction Defects
§21-11A-2. Applicability of Article
§21-11A-3. Suit by Contractor; Perfecting Mechanic's Lien
§21-11A-4. Applicability of Definitions; Definitions
§21-11A-5. Contract for Residential Improvements; Notice
§21-11A-6. Contractor Notification Requirements for a New Residential Dwelling Constructed for Sale
§21-11A-7. Prerequisites to Commencing an Action
§21-11A-8. Notice of Claim of Construction Defect
§21-11A-9. Service on Additional Parties
§21-11A-10. Request for Voluntary Disclosure of Additional Information
§21-11A-13. Conduct of Negotiation
§21-11A-14. Settlement Agreement
§21-11A-15. Costs of Negotiation
§21-11A-16. Commencement of Action
§21-11A-17. Additional Construction Defects; Additional Notice of Claim