West Virginia Code 21-11A-2 – Applicability of article
This article does not apply to an action:
Terms Used In West Virginia Code 21-11A-2
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means one or more individuals. See West Virginia Code 21-3A-2
(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.