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

State law

Statute of Limitations

2 years (tort) / 5–10 years (contract); 10-year statute of reposeW. Va. Code §§ 55-2-12; 55-2-6; 55-2-6a

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

Construction Statute of ReposeW. Va. Code § 55-2-6a

West Virginia's 10-year statute of repose for construction-defect claims — an outside bar running from occupancy or substantial completion.

Personal-Injury Statute of LimitationsW. Va. Code § 55-2-12

2-year limitation for personal-injury claims, including negligence-based construction-defect claims.

State law

Official Sources

West Virginia Legislature — Code Ch. 55 (Actions, Suits, and Arbitration)

Not Legal Advice

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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