 |
Penalties for using an illegal construction contract in West Virginia:
- On jobs with a price of $10,000 or more, West Virginia Code of State Rules § 28-4-1 to § 28-4-7 requires a written contract that covers each of the points in § 28-4-4.2. Failure of a contractor to comply with the Written Contracts for Services Rule can result in discipline by the West Virginia Contractor Licensing Board.
- Omission of any of the notices or disclosures required by West Virginia Code of State Rules § 142-5-1 to § 142-5-4 makes the contractor liable for a fine of up to $5,000.
- West Virginia Code of State Rules § 142-5-3.3 requires that home improvement contracts negotiated or signed at some location other than the office of the contractor include a notice of the buyer's right to cancel. Failure to include this notice of buyer's right to cancel is a deceptive act or practice under West Virginia's Consumer Credit and Protection Act and gives the property owner the right to recover the greater of $200 or actual damages plus attorney fees (West Virginia Code § 46A-6-106)
- Failure to include the notice required for residential work forfeits the rights provided by West Virginia's Notice and Opportunity to Cure Construction Defects Act § 21-11A-1 to § 21-11A-17.
- West Virginia Code § 55-8-14 voids any clause in a construction contract which would indemnify a party for injury due to their sole negligence.
- Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
- Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the 3-day right of rescission to three years under 12 Code of Federal Regulations § 226.23(a)(3) and 15 U.S. Code § 1635(f).
- Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help West Virginia contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current West Virginia and federal court decisions.
The contracts linked below comply with the following West Virginia and federal laws:
- Arbitration -- West Virginia Code § 55-10-4
- Consumer Credit and Protection Act -- West Virginia Code § 46A-1-102 (13), (15) and (22)
- Contracts in plain language -- West Virginia Code § 46A-6-109
- Excavation -- West Virginia Code § 24C-1-3
- Home Improvement Contracts -- West Virginia Code of State Rules § 142-5-1 to § 142-5-4
- Home solicitation sale -- West Virginia Code § 46A-2-132 to § 46A-2-135
- Implied warranty -- West Virginia Code § 36B-4-115
- Indemnity -- West Virginia Code § 55-8-14
- Insulation disclosure -- 16 Code of Federal Regulation § 460
- Interest rates -- West Virginia Code § 5A-3-54
- Notice and Opportunity to Cure Construction Defects -- West Virginia Code § 21-11A-1 to § 21-11A-17
- Remedies for consumer fraud -- West Virginia Code § 46A-6-106
- Right of rescission -- 12 Code of Federal Regulations § 226.15
- Statute of limitations -- West Virginia Code § 55-2-6
- Statute of repose -- West Virginia Code § 55-2-6a
- Truth in lending -- 15 United States Code § 1638
- West Virginia Prompt Pay Act -- West Virginia Code § 5A-3-54
- Written contracts -- West Virginia Code of State Rules § 28-4-1 to § 28-4-7
Return to Penalties for Illegal Contracts in West Virginia.
The contracts linked below conform with current West Virginia and federal court decisions.
The contracts linked below comply with the following West Virginia and federal court decisions:
- Attorney fees -- Messer v. Huntington Anesthesia Group, Inc., 222 W. Va. 410, 2008
- Choice of law -- General Electric v. Keyser, 166 W. Va. 456, 1981
- Choice of venue -- Caperton v. Massey, 2008 W. Va. Lexis 22, 2008
- Compensatory damages -- Vankirk v. Green Construction Co., 195 W. Va. 714, 1995
- Contractor claims for delay -- Melka Marine Inc. v United States, 187 F.3d 1370, 1999
- Damages for delay -- Wellington Power Corporation v. CNA Surety Corporation, 217 W. Va. 33, 2005
- Defective plans -- Rubin V. Coles, 142 Misc. 139, 1931
- Delay by architect -- Berry v. Huntington Masonic Temple, 80 W. Va. 342, 1917
- Delay by owner -- Hassell Miller v. County Court of Barbour County, 116 W. Va. 380, 1935
- Design defects -- Board of Education of the County of Ohio v. Van Buren and Firestone, 165 W. Va. 140, 1980
- Failure to disclose defects -- Logue v. Flanagan, 213 W. Va. 552, 2003
- Implied warranty -- Frontier-Kemper Constructors v. Elk Run Coal Co., 2008 U.S. Dist. Lexis 56947, 2008
- Indemnity -- Dalton v. Childress Service Corp., 189 W. Va. 428, 1993
- Inspections -- Elkins v. Eleanor Concrete Works, 183 W. Va. 501, 1990
- Liquidated damages -- Wheeling Clinic v. Van Pelt, 192 W. Va. 620, 1994
- No lien contract -- Smith v. Bell, 129 W. Va. 749, 1947
- Payment for extra work -- Pasquale v. Ohio Power Company, 186 W. Va. 501; 1991
- Plan defects -- Eastern Steel Constructors v. The City Of Salem, 209 W. Va. 392, 2001
- Representations by contractor -- Trafalgar House Construction v. Zmm, Inc., 211 W. Va. 578, 2002
- Statute of limitations -- Sewell v. Gregory, 179 W. Va. 585, 1988
- Statute of repose -- Neal v. Marion, 664 S.E.2d 721, 2008
- Warranty limits -- Gamble v. Main, 171 W. Va. 469, 1983
- Warranty to subsequent buyers -- Sewell v. Gregory, 179 W. Va. 585, 1988
- Workers' compensation -- Riggle v. Allied Chemical Corp., 180 W. Va. 561, 1989
Return to Penalties for Illegal Contracts in West Virginia.
Return to construction contract laws in West Virginia.
|
