West Virginia Code
Article 11A. Notice and Opportunity to Cure Construction Defects
§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.

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