West Virginia Code 21-11A-8 – Notice of claim of construction defect
(a) A claimant asserting a claim of a construction defect under this article shall file notice of the claim as provided by this section.
Terms Used In West Virginia Code 21-11A-8
- 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.
- 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.
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Person: means one or more individuals. See West Virginia Code 21-3A-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) The notice of claim shall:
(1) Be in writing and signed by the claimant or the claimant's authorized representative;
(2) Be delivered by hand, certified mail, return receipt requested or other verifiable delivery service, to the person designated in the contract to receive a notice of claim of a construction defect; if no person is designated in the contract, the notice shall be delivered to the contractor's chief administrative officer; and
(3) State in detail:
(A) The nature of the alleged construction defect and a description of the results of the defect;
(B) A description of damages caused by the alleged construction defect, including the amount and method used to calculate those damages; and
(C) The legal theory of recovery, i.e., a construction defect, including the causal relationship between the alleged construction defect and the damages claimed.
(c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the claimant may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the claimant's claim.
(d) The notice of claim shall be delivered no later than ninety days prior to filing an action.