West Virginia law
Construction Defect Laws in West Virginia.
West Virginia construction-defect claims are subject to a 10-year statute of repose under W. Va. Code § 55-2-6a, running from substantial completion of the improvement. The personal-injury statute of limitations is 2 years (W. Va. Code § 55-2-12); contract claims, 5 years for oral and 10 years for written contracts (W. Va. Code § 55-2-6). West Virginia applies modified comparative fault (51% bar) under W. Va. Code § 55-7-13a.
Last verified: 2026-04-20
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State law
Statute of Limitations
Tort claims generally must be filed within 2 years. Oral-contract claims, 5 years; written-contract claims, 10 years. West Virginia's 10-year statute of repose caps construction claims at 10 years from substantial completion regardless of discovery.
State law
Key West Virginia Statutes
West Virginia's 10-year statute of repose for construction-defect claims — an outside bar running from occupancy or substantial completion.
2-year limitation for personal-injury claims, including negligence-based construction-defect claims.
State law
Official Sources
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This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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