This article does not apply to an action:(1) Against a contractor for which a claimant, as a consumer, is entitled to a specific remedy pursuant to Chapter 46A of this code;(2) Against a contractor who is not licensed under the provisions of 30-42-1 et seq., of this code;(3) Demanding damages of $5,000 or less;(4) Alleging a construction defect that poses an imminent threat of injury to person or property;(5) Alleging a construction defect that causes property not to be habitable;(6) Against a contractor who failed to provide the notice required by 21-11A-5 or 21-11A-6 of this code;(7) Against a contractor if the parties to the contract agreed to submit claims to mediation, arbitration, or another type of alternative dispute resolution; or(8) Alleging claims for personal injury or death.
West Virginia Legal Code