West Virginia Code 46A-6M-4 – Advanced payments prohibited; refunds; emergency repairs; unenforceable contract
(a) Except as provided in subsection (c) of this section, on or after July 1, 2015, a roofing contractor may not require any advance payments under a contract for the repair or replacement of any part of a roof system of a residential real estate, when payment is expected to be made from the proceeds of a property or casualty insurance policy until the cancellation period, as provided in section two of this article has expired.
Terms Used In West Virginia Code 46A-6M-4
- Contract: A legal written agreement that becomes binding when signed.
- Emergency repair: means a repair that is necessary to prevent the risk of imminent injury to a person or further damage to the homeowner'. See West Virginia Code 46A-6M-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Residential real estate: means any real property located in West Virginia, upon which is constructed or intended to be constructed a dwelling. See West Virginia Code 46A-6M-1
- Roof system: means the components of a roof to include, but not be limited to, covering, framing, insulation, sheathing, ventilation, guttering and weatherproofing. See West Virginia Code 46A-6M-1
- Roofing contractor: means a person or entity in the business of contracting or offering to contract with an owner of residential real estate to repair or replace a roof system. See West Virginia Code 46A-6M-1
(b) Within ten days after a contract has been canceled, as provided in section two of this article, a roofing contractor shall tender to the owner, any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (c) of this section.
(c) A roofing contractor that performs any emergency repair services authorized by the owner of residential real estate, may collect a reasonable and customary amount for the emergency repair services performed for the authorizing owner.
(d) Any provision in a contract executed on or after July 1, 2015, for the repair of a roof system of residential real estate, as provided in sections one and five of this article, that requires the payment of any fee, except for repair services performed under subsection (c) of this section, is not enforceable against any person who has canceled a contract under section two of this article.