H. B. 4709
(By Delegate Marshall)
[Introduced February 22, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §21-11-21, relating
to requiring contractors to disclose information to purchasers
concerning analysis, site recommendations and soil problems
associated with a new residence; and providing a penalty and
requiring license revocation for failure to comply.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §21-11-21, to read as
follows:
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§21-11-21. Disclosure to purchaser of soil analysis and soil
problems; penalty; license revocation.
(a) At least fourteen days prior to closing the sale of any new residence for human habitation, the contractor or its
representative shall provide the purchaser with a copy of a summary
report of the analysis and the site recommendations. For sites in
which significant potential for expansive soils is recognized, the
builder or his representative shall supply each buyer with a copy
of a publication detailing the problems associated with the soils,
the building methods to address these problems during construction
and suggestions for care and maintenance to address the problems.
(b) In addition to any other liability or penalty, any
contractor failing to provide the report or publication required by
subsection (a) of this section is subject to a civil penalty of
five hundred dollars payable to the purchaser.
(c) The board shall revoke the license of a contractor that
fails to comply with subsection (a) of this section.
(d) The requirements of this section do not apply to any
individual constructing a residential structure for his or her own
residence.
NOTE: The purpose of this bill is to
require contractors to
disclose information to purchasers concerning analysis, site
recommendations and soil problems associated with a new residence.
The bill also provides a civil penalty and requires license
revocation for failure to comply.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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