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The Right to Cure
In 2003 the West Virginia Senate passed "SENATE BILL 440" which deals with property owners’ rights and licensed contractors’ rights regarding work being performed on the property of the property owner.
The following is a general outline and guide as to what Senate Bill 440 deals with. However, if you, as the property owner wish to have a complete detail breakdown of all the components of the bill, you may get the bill by calling the state office at (304) 342-5176 and ask to receive a copy of “Enrolled Senate Bill 440.”
WEST VIRGINIA STATE LAW, AS SET FORTH IN CHAPTER 21, ARTICLE 11A OF THE WEST VIRGINIA CODE, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO MADE RESIDENTIAL IMPROVEMENTS TO YOUR PROPERTY. AT LEAST NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS. THERE ARE DEADLINES AND PROCEDURES UNDER STATE LAW AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
Acknowledgment:
I/we have read exhibit “A” above and understand that as property owners we have certain rights granted to us under Senate Bill 440 and if we wish to read this bill in its’ complete form we must call and request a copy of this bill.
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