Avoid Construction Defects Claims by Following the Correct Procedures
- posted: Jan. 06, 2022
In Kentucky and West Virginia, as in many other states, the legislature has set out a specific procedure that contractors must follow to manage disputes and reduce construction defects claims, even where insurance coverage may otherwise cover the costs.
The relevant process is set out in West Virginia code 21 and Kentucky Revised Statutes code 411. If you are a contractor, following are some of the issues of which you may need to be aware. Seek out an insurance defense law firm for construction defect claims in West Virginia if you find yourself in the middle of a dispute.
- The term construction defects covers defects relating to planning, designing, building supervision and the eventual construction
- You have an opportunity to rectify defects
- Court proceedings cannot be commenced until the period for curing the defect has passed
- Contractors must notify clients of the clients' rights and obligations
- Every construction contract to which the code applies must contain a prominent notice of the client's rights as per the relevant codes
The purpose of these codes is to avoid the courts being overburdened by spurious and minor complaints. The codes encourage all parties to be practical and act fairly towards each other to remedy defects and resolve disputes without resorting to lawsuits. The codes are designed such that the only construction cases reaching the courts should be those of the most serious nature where the parties are at an impasse.
At Pullin, Fowler, Flanagan, Brown & Poe, we act for the construction industry and their insurers with construction defect claims in Kentucky, Virginia and Ohio. Contact us at any one of our four offices in Morgantown, Charleston, Beckley or Martinsburg to discuss any aspect of your case.