Construction Defect Demand Letter - West Virginia

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF WEST VIRGINIA

NOTICE OF CONSTRUCTION DEFECTS AND DEMAND FOR RELIEF

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
West Virginia Contractor License No.: [LICENSE NUMBER]

Re: NOTICE OF CONSTRUCTION DEFECTS
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]

Dear Sir or Madam:

This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects and a demand for repair or compensation before litigation is commenced.

PLEASE TREAT THIS LETTER AS A FORMAL DEMAND AND RESPOND BY [REASONABLE DATE SELECTED AFTER CONTRACT, WARRANTY, AND DEADLINE REVIEW].

I. WEST VIRGINIA-SPECIFIC LEGAL FRAMEWORK

A. Notice Status and Claim Classification

The current statewide provisions reviewed for this template do not establish one universal construction-defect notice, inspection, or cure period for every private project. This letter therefore uses a voluntary response and inspection process unless a contract, express warranty, insurance condition, permit, arbitration clause, public-entity rule, or other current law makes a different process mandatory. The former template's fixed 15- and 30-day requests were not statutory deadlines.

Before service, West Virginia counsel must identify every contracting party, owner or later purchaser, alleged duty, damaged property or injury, governing contract and warranty, required delivery method, dispute-resolution clause, and limitations period. Sending this letter does not itself toll or extend a deadline.

B. Statute of Limitations

West Virginia law provides the following limitations periods for construction defect claims:

Section 46-2-725 is not a generic four-year “breach of warranty” period for all construction services or real-property work. Article 2 applies to transactions in goods. For a covered sale, the original agreement may reduce the period to not less than one year; accrual ordinarily occurs at breach, and warranty breach ordinarily occurs at tender unless an explicit future-performance warranty satisfies the statutory exception.

C. Statute of Repose

W. Va. Code § 55-2-6a covers specified contract, tort, contribution, and indemnity actions arising from deficiencies in planning, design, surveying, supervision, construction, or defective or unsafe improvements to real property. It states that a covered action may not be brought more than ten years after performance or furnishing of the services or construction, provides tolling according to § 55-2-21, and also states that its period does not commence until the improvement is occupied or accepted by the owner, whichever occurs first. Counsel must apply the exact statutory text and current decisional law to each defendant, service, construction date, occupation or acceptance date, tolling fact, and claim.

D. Contract and Warranty Review

Assert only warranties supported by the transaction, current West Virginia authority, and the warranty's exact terms. The former template's citations were unreliable: it gave Gamble v. Main the wrong year and reporter, and the cited Smith v. Wolford proposition was not verified in current official court materials. Determine the warrantor, beneficiary, scope, duration, exclusions, notice and cure method, remedy limits, assignment, privity or later-purchaser issue, and whether Article 2 applies.

E. Contractor Licensing Requirements

The current West Virginia Contractor Licensing Act is W. Va. Code Chapter 30, Article 42, not former Chapter 21, Article 11. Under § 30-42-3(d), covered contracting generally begins at an undertaking cost of $5,000 or more for residential work or $25,000 or more for commercial work, subject to the definition's exclusions and § 30-42-6 exemptions.

Section 30-42-6 generally bars a person or entity from engaging in or bidding covered contracting without the required license; it also requires the license or copy at the site and the license number in advertisements and fully executed binding contracts. Under § 30-42-10, a permit applicant must prove required licensure or file the statutory noncoverage affidavit, and a licensee may not perform contracting work with an aggregate value of $10,000 or more, including labor and materials, without a signed written contract describing the work and its cost. Verify the legal entity, license holder, classification, status dates, exemptions, permit applicant, and contract.

F. Building-Code Coverage

W. Va. Code § 29-3-5b authorizes the State Fire Commission's statewide building-code rules. Coverage and enforcement remain location- and adoption-specific. Section 7-1-3n authorizes a county to adopt the state building code and addresses municipal territory. Identify the project date, county or municipality, adoption ordinance, permit authority, code edition, amendments, approved plans, inspections, and exact provision before alleging a violation.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:

• Name: [NAME]
• License Number: [NUMBER]
• Address: [ADDRESS]
• Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

III. DESCRIPTION OF DEFECTS

The following is a detailed description of each claimed construction defect:

DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]

Location: [Specific location within the property]

Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]

Building Components Affected:
☐ Foundation/Slab ☐ Framing ☐ Roofing ☐ Exterior walls/Siding ☐ Windows/Doors
☐ Plumbing ☐ Electrical ☐ HVAC ☐ Insulation ☐ Drywall/Interior finishes
☐ Flooring ☐ Waterproofing ☐ Drainage ☐ Other: [SPECIFY]

Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]

Standards Violated:
☐ West Virginia State Building Code
☐ Manufacturer's Installation Instructions
☐ Industry Standards (IRC, IBC, ASTM)
☐ Contract Specifications
☐ Express warranty: [IDENTIFY]
☐ Implied warranty supported by transaction-specific current authority: [IDENTIFY]

Date First Observed: [DATE]

Estimated Cost to Repair: $[AMOUNT]

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

V. LEGAL BASIS FOR CLAIMS

A. Breach of Contract

You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.

B. Breach of Express Warranty

You provided express warranties regarding quality and durability of construction which you have breached.

C. Other Warranty Theory, If Supported

The Owner reserves only warranty theories supported by the transaction, the exact warranty terms, and current West Virginia authority: [WARRANTY / AUTHORITY / FACTS].

D. Non-Contract Duty, If Supported

The Owner reserves any non-contract theory supported after counsel identifies an independent duty, the allegedly negligent act, causation, the damaged property or personal injury, and any applicable economic-loss limitation: [DETAILS / AUTHORITY].

E. Code, Permit, or Licensing Noncompliance, If Supported

The following current requirement applied to this work and was allegedly violated: [EXACT CODE / ADOPTION ORDINANCE / PERMIT / § 30-42 PROVISION / FACTS]. A failed component or generic reference to the IRC, IBC, or State Building Code is not enough without proving the governing edition, adoption, jurisdiction, and provision.

VI. DEMAND FOR INSPECTION ACCESS

The Owner voluntarily offers a reasonable opportunity to inspect, subject to any controlling contract or warranty procedure. To request an inspection:

1. Contact our office in writing by [REASONABLE DATE SELECTED AFTER DEADLINE REVIEW]
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. Identify any experts who will participate

Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

VII. PRESERVATION OF EVIDENCE

You are hereby directed to preserve all documents and materials relating to the construction, including:

• All contracts and subcontracts
• Plans, specifications, and drawings
• Inspection reports and quality control records
• Correspondence with owner and subcontractors
• Photographs taken during construction
• Daily logs and progress reports
• Warranties from manufacturers
• Insurance policies and certificates

This preservation request does not state that an adverse inference or sanction follows automatically. Any remedy depends on the governing procedural law, the duty to preserve, culpability, relevance, prejudice, and a court's fact-specific ruling.

VIII. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

Option A - Repair by Contractor:

1. Complete repair of all identified defects within [NUMBER] days
2. Provide the following written repair warranty: [TERMS / DURATION]
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney fees only if supported by contract or identified law: $[AMOUNT / OMIT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] under a written settlement agreement.

IX. CONCLUSION

Please respond in writing by [REASONABLE DATE SELECTED AFTER CONTRACT, WARRANTY, AND DEADLINE REVIEW]. This is a settlement request, not a representation that West Virginia imposes a universal 30-day construction-defect response period. Any inspection or repair agreement should address scope, testing, evidence, permits, licensed contractors, schedule, warranties, payment, releases, and hidden or later-discovered conditions.

If this matter is not resolved, the Owner reserves claims supported by the facts and current law. No statement in this letter extends a limitation period, the § 55-2-6a outside period, or a contractual deadline.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
West Virginia State Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [OWNER NAME]

ENCLOSURES:
☐ Photographs of defects
☐ Expert report(s)
☐ Repair estimates
☐ Copy of construction contract
☐ Correspondence history

cc: [OWNER NAME]
[INSURANCE CARRIER]
West Virginia Contractor Licensing Board (if applicable)

WEST VIRGINIA-SPECIFIC PRACTICE NOTES

Statute of Limitations:

• § 55-2-6 generally gives ten years for a signed written contract and five years for another express or implied contract
• § 55-2-12 generally gives two years for property damage or personal injury when no other period is prescribed
• § 46-2-725's four-year period applies to qualifying contracts for sale, not automatically to construction services
• Identify accrual and any discovery or tolling rule under current claim-specific authority

Statute of Repose (W.Va. Code Section 55-2-6a):

• Read the exact statute: it uses performance or furnishing, incorporates § 55-2-21 tolling, and also addresses occupation or owner acceptance
• Apply scope and timing separately to each defendant, service, claim, and project date

Contract and Warranties:

• Identify the exact express warranty and transaction-specific implied-warranty authority
• Do not reuse the former template's miscited Gamble reporter/year or unverified Smith v. Wolford proposition
• Analyze privity, later-purchaser status, disclaimers, notice, cure, duration, and remedy limits

Contractor Licensing:

• Current Act: Chapter 30, Article 42; former Chapter 21, Article 11 is stale
• § 30-42-3(d) generally uses $5,000 residential and $25,000 commercial thresholds, subject to exclusions and exemptions
• § 30-42-10 requires a written description-and-cost contract for licensed work of $10,000 or more, including labor and materials
• Verify the legal entity, holder, classification, license number, status dates, permit proof, and exemptions

Building Code:

• Confirm whether the county or municipality adopted the state building code and which edition governed the project
• Cite the exact adopted provision, approved plan, permit, inspection, or local ordinance

This template is for informational purposes only and does not constitute legal advice. Consult a licensed West Virginia attorney before use.