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 2012 1st Special Session