Establishing certain rights for purchasers of residential improvements
SB760 creates a new article in West Virginia law establishing rights for homeowners and subsequent purchasers who buy residential improvements, and it also amends the Contractor Licensing Act to add enforcement tools tied to those rights. The bill requires contracts for residential improvements to include an express warranty covering basic workmanship and code compliance, new materials, required inspections, and correction of defects that arise during the warranty period. It sets a minimum one-year warranty period for major components such as foundations, septic systems, roofs, plumbing, electrical systems, structural elements, windows, and doors.
The bill also provides that the required warranty is cumulative of any other express or implied warranties and bars contractors from disclaiming, limiting, or modifying warranties or legal remedies in residential improvement contracts. If a contract includes arbitration or other alternative dispute resolution, the proceedings must be held within 50 miles of the dwelling, and the dispute-resolution clause must be prominently displayed in bold, capitalized text. In addition, the bill adds failure to offer a compliant contract or to remedy construction defects as grounds for discipline by the Contractor Licensing Board, alongside existing sanctions such as suspension, revocation, fines, probation, and financial assurance requirements.
SB760 would expand consumer protections in the residential construction and remodeling market by making warranty terms mandatory in contracts for residential improvements and by limiting contractors’ ability to contract around those protections. It would affect contractors, homeowners, and subsequent purchasers by creating enforceable minimum warranty standards, preserving other available warranties and remedies, and regulating the location and presentation of arbitration clauses. The bill would also amend the Contractor Licensing Act to give the Contractor Licensing Board explicit authority to discipline licensees for noncompliance with the new homeowner-rights provisions, increasing regulatory exposure for contractors who fail to provide compliant contracts or address defects.
The bill text and available context suggest a generally pro-homeowner, consumer-protection orientation. Its stated purpose is to establish rights for purchasers of residential improvements, and the enforcement provisions indicate a legislative concern with construction quality, defect remediation, and fair dispute resolution. No committee transcripts or recorded votes were provided, so there is no documented opposition or support from debate or roll call in the supplied materials.
The main points of potential contention are likely to be the mandatory warranty requirements, the prohibition on limiting warranties and remedies, and the arbitration restrictions. Contractors and industry groups may view these provisions as increasing liability, limiting contract freedom, and raising compliance costs, while homeowner advocates would likely support them as necessary protections against defective work and unfair contract terms. The disciplinary provisions tied to failure to offer compliant contracts or resolve defect claims may also be controversial because they expand the licensing board’s enforcement role and could expose contractors to professional sanctions for contract and defect-related disputes.