W. Va. Code § 21-11A-2

Applicability of article.

This article does not apply to an action:

  1. (1) Against a contractor for which a claimant, as a consumer, is entitled to a specific remedy pursuant to Chapter 46A of this code;
  2. (2) Against a contractor who is not licensed under the provisions of §30-42-1 et seq., of this code;
  3. (3) Demanding damages of $5,000 or less;
  4. (4) Alleging a construction defect that poses an imminent threat of injury to person or property;
  5. (5) Alleging a construction defect that causes property not to be habitable;
  6. (6) Against a contractor who failed to provide the notice required by §21-11A-5 or §21-11A-6 of this code;
  7. (7) Against a contractor if the parties to the contract agreed to submit claims to mediation, arbitration, or another type of alternative dispute resolution; or
  8. (8) Alleging claims for personal injury or death.
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