§55-2-6a. Deficiencies, injuries or wrongful death resulting from
any improvements to real property; limitation of
actions and suits.
No action, whether in contract or in tort, for indemnity or
otherwise, nor any action for contribution or indemnity to recover
damages for any deficiency in the planning, design, surveying,
observation or supervision of any construction or the actual
construction of any improvement to real property, or, to recover
damages for any injury to real or personal property, or, for an
injury to a person or for bodily injury or wrongful death arising
out of the defective or unsafe condition of any improvement to real
property, may be brought more than ten years after the performance
or furnishing of such services or construction: Provided,
above period shall be tolled according to the provisions of section
twenty-one of this article. The period of limitation provided in
this section shall not commence until the improvement to the real
property in question has been occupied or accepted by the owner of
the real property, whichever occurs first.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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