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WEST VIRGINIA CODE
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WVC 21 - 11 A- 16 §21-11A-16. Commencement of action.
If a claim for a construction defect is not resolved in its entirety through negotiation in accordance with this article on or before the ninetieth day after the contractor receives the notice of claim or after the expiration of any extension agreed to by the parties, the claimant may commence an action. Note: WV Code updated with legislation passed through the 2013 1st Special Session
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