(a) An owner, who on or after July 1, 2015, enters into a contract with a roofing contractor to provide goods or services related to a roof system of residential real estate and who expects the goods or services to be paid from the proceeds of a property and casualty insurance policy, may cancel the contract prior to midnight of the fifth business day after the owner has received notice from the insurer that all or part of the claim is not a covered loss under the property and casualty insurance policy.

Terms Used In West Virginia Code 46A-6M-2

  • Contract: A legal written agreement that becomes binding when signed.
  • 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) The contract with the roofing contract is cancelled when the owner either personally delivers written notice of cancellation to the roofing contractor; deposits the written notice of cancellation in the United States mail, postage prepaid and addressed to the roofing contractor at the address stated in the contract; transmits the notice of cancellation to the roofing contractor by facsimile; or sends an e-mails containing a notice of cancellation.

(c) The owner may use any form of notice of cancellation that is sufficient to indicate, by any form of written expression, the intention of the owner not to be bound by the contract.