The bill aims to enhance the rights of purchasers of new single-family residences in West Virginia by amending existing laws and introducing new provisions. It establishes a new article, designated as Article 11B, which outlines the rights of homeowners, including subsequent purchasers. Key provisions include the requirement for contracts for the purchase or construction of new homes to contain a warranty that guarantees compliance with industry standards, building codes, and zoning ordinances. The warranty must cover various aspects of the home, such as the foundation, roof, plumbing, and electrical systems, and it must last for one year from the date of substantial completion. Additionally, the bill prohibits any exclusion or limitation of express or implied warranties and remedies, ensuring that homeowners have comprehensive protection.
Furthermore, the bill mandates that any arbitration or alternative dispute resolution clauses in contracts be clearly displayed and that proceedings occur within 50 miles of the residence in question. It also expands the disciplinary powers of the Contractor Licensing Board by adding new grounds for disciplinary action, including failing to offer compliant contracts and remedy construction defects. The bill deletes a previous provision regarding failing to satisfy a judgment or execution, while adding new provisions that hold contractors accountable for adhering to the new warranty requirements and dispute resolution processes. Overall, this legislation seeks to provide greater security and clarity for homeowners in their dealings with contractors.
Statutes affected: Introduced Version: 30-42-15, 21-11B-1, 21-11B-2, 21-11B-3
Committee Substitute: 30-42-15, 21-11B-1, 21-11B-2, 21-11B-3
Committee Substitute for the Committee Substitute: 30-42-15, 21-11B-1, 21-11B-2, 21-11B-3