West Virginia Code § 55-2-6a

Deficiencies, injuries or wrongful death resulting from any improvements
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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, teo 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 conditionr 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 reatl 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.

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