There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 21. LABOR
ARTICLE 11A. NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.
§21-11A-7. Prerequisites to commencing an action.
§21-11A-7. Prerequisites to commencing an action.(a) The procedures contained in this article are exclusive and required prerequisites to commencing a civil action under the West Virginia rules of civil procedure.
(b) If a claimant files a civil action alleging a construction defect without first complying with the provisions of this article, then on application by a party to the action, the court shall dismiss the action, without prejudice, and the action may not be
refiled until the claimant has complied with the requirements of this article.
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