21-11A-1 Purpose
21-11A-2 Applicability of article
21-11A-3 Suit by contractor; perfecting mechanic’s lien
21-11A-4 Applicability of definitions; definitions
21-11A-5 Contract for residential improvements; notice
21-11A-6 Contractor notification requirements for a new residential dwelling constructed for sale
21-11A-7 Prerequisites to commencing an action
21-11A-8 Notice of claim of construction defect
21-11A-9 Service on additional parties
21-11A-10 Request for voluntary disclosure of additional information
21-11A-11 Duty to negotiate
21-11A-12 Timetable
21-11A-13 Conduct of negotiation
21-11A-14 Settlement agreement
21-11A-15 Costs of negotiation
21-11A-16 Commencement of action
21-11A-17 Additional construction defects; additional notice of claim

Terms Used In West Virginia Code > Chapter 21 > Article 11A - Notice and Opportunity to Cure Construction Defects

  • Contract: A legal written agreement that becomes binding when signed.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Employee: means any public employee of the state, or any state agency. See West Virginia Code 21-3A-2
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means one or more individuals. See West Virginia Code 21-3A-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.