If a claim for a construction defect is not resolved in its entirety through negotiation in accordance with this article on or before the ninetieth day after the contractor receives the notice of claim or after the expiration of any extension agreed to by the parties, the claimant may commence an action.
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