West Virginia Code
Article 11A. Notice and Opportunity to Cure Construction Defects
§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, the court shall dismiss the action, without prejudice, and the action may not be refiled until the claimant has complied with the requirements of this article.

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