W. Va. Code » §55-2-6a. Deficiencies, injuries or wrongful death resulting from any improvements to or survey of real property; limitation of actions and suits.
West Virginia Code

W. Va. Code § 55-2-6a (2026)

Deficiencies, injuries or wrongful death resulting from any improvements to or survey of real property; limitation of actions and suits

✓ current as of May 2026
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ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-6a. Deficiencies, injuries or wrongful death resulting from any improvements to or survey of real property; limitation of actions and suits.

No action, whether in contract or in tort, for indemnity or otherwise, nor any action for contribution or indemnity to recover damages for any deficiency in the planning, design, surveying, observation or supervision of any construction or the actual construction of any improvement to real property, or the actual surveying of real property, or, to recover damages for any injury to real or personal property, or, for an injury to a person or for bodily injury or wrongful death arising out of the defective or unsafe condition of any improvement to real property, or the survey of real property, may be brought more than ten years after the performance or furnishing of the services or construction. However, the above period is tolled according to section twenty-one of this article. The period of limitation provided in this section does not commence until the improvement to the real property, or the survey of the real property in question has been occupied or accepted by the owner of the real property, whichever occurs first.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1988–2021 · leading case: Neal v. Marion, 664 S.E.2d 721 (W. Va. 2008).
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Neal v. Marion, 664 S.E.2d 721 (W. Va. 2008). · cites it 59× “The instant appeal arises from the Circuit Court of Kanawha County’s application of the West Virginia Architect and Builder’s Statute of Repose, W. Va.Code § 55-2-6a (1983), 1 to dismiss, upon a motion for summary judgment all claims asserted by appellants Jerry Neal and Karen…”
Gateway Commc'ns, Inc. v. John R. Hess, Inc., 541 S.E.2d 595 (W. Va. 2001). · cites it 24× “The appellee responds that according to W.Va.Code § 55-2-6a (1983), [4] an action, such as the instant one, to recover damages for deficiencies in construction and improvements to real property accrues when the real property is occupied or accepted by its owner, whichever occurs…”
Gibson v. West Virginia Dep't of Highways, 406 S.E.2d 440 (W. Va. 1991). · cites it 11× “MILLER, Chief Justice: This certified question from the Circuit Court of Nicholas County 1 asks whether W.Va.Code, 55-2-6a, which bars the filing of a suit for design or construction defects against architects, builders, and others ten years after the construction project is…”
Basham v. Gen. Shale, 377 S.E.2d 830 (W. Va. 1988). · cites it 13× “We are first asked to determine whether W.Va.Code § 55-2-6a (1988) pro *529 vides the applicable statute of limitations when a party seeks to recover damages from a manufacturer of allegedly defective construction materials used in the construction of an improvement to real…”
Shirkey v. MacKey, 399 S.E.2d 868 (W. Va. 1990). · cites it 15× “BROTHERTON, Justice: The appellants, Emogene Peaslee Shir-key and David Shirkey, appeal from the June 14, 1989, order of the Circuit Court of Raleigh County, West Virginia, which granted summary judgment in favor of the appellee, Harold Mackey, d/b/a Mackey Contractors, and…”
Blaske v. Smith & Entzeroth, Inc., 821 S.W.2d 822 (Mo. 1991). · cites it 2× “2d 108 (1972); and W.Va.Code § 55-2-6a (Supp.1991) (ten years).”
Louk v. Isuzu Motors, Inc., 479 S.E.2d 911 (W. Va. 1996). · cites it 4× “We note that W.Va.Code § 55-2-6a (1983) limits actions for the “planning, design, surveying, observation or supervision of any construction” of improvements to real property to ten years, with certain exceptions.”
Whitlow v. Bd. of Educ. of Kanawha Cty., 438 S.E.2d 15 (W. Va. 1993). “2d 440 (1991) (statute of repose in W.Va.Code, 55-2-6a); Lewis v. Canaan Valley Resorts, 185 W.”
Stone v. United Eng'g, A Div. of Wean, Inc., 475 S.E.2d 439 (W. Va. 1996). · cites it 2× “In syllabus point one of Gibson, supra, this Court held that W.Va.Code, 55-2-6a, limits the time period in which a suit may be filed for deficiencies in the planning, design, or supervision of construction of an improvement to real property to ten years.”
Rose v. Fox Pool Corp., 643 A.2d 906 (Md. 1994). “320 (West 1992); W.Va.Code § 55-2-6a (1994); Wis.Stat.Ann.”
Spencer v. Beverage, 566 S.E.2d 603 (W. Va. 2002). “Route 11, and for the alternative reason that West Virginia Code § 55-2-6a (1983) (Repl.Vol.2000), commonly referred to as the statute of repose, foreclosed the claim against the agency.”
Griebel v. Andersen Corp., 489 N.W.2d 521 (Minn. 1992). · cites it 2× “C. Gen.Stat. § 1-50(5)(a)(1991); S.C.Code Ann.”
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