West Virginia Prompt Payment Frequently Asked Questions
West Virginia’s prompt payment statutes set forth specific time frames for when general contractors, subcontractors, suppliers, and others involved with a public construction project must be paid. This page provides an overview of these regulations and addresses frequently asked questions related to the West Virginia prompt payment laws.
West Virginia Prompt Payment Private Projects FAQs
Does West Virginia have Prompt Payment on Private Projects?
West Virginia does not provide a prompt payment for private projects.
West Virginia Prompt Payment Public Projects FAQs
Do I have to send a letter or file anything to qualify for Prompt Payment Penalties or Remedies in West Virginia?
In order for the provisions of the West Virginia prompt pay statutes to apply, the party requesting payment must submit a legitimate uncontested invoice. Note that the prompt pay statute only applies to GCs.
Can I include Prompt Payment Fees in my West Virginia Mechanics Liens Claim or Bond Claim?
No. West Virginia doesn’t allow miscellaneous amounts to be included on the face of a bond claim.
If I am paid late according to Prompt Payment Statutes, can I obtain interest or other Penalty Payments?
If interest applies to the specific type of transaction at issue, it begins to accrue immediately upon the failure to make timely payment, with no other specific notice required. Note, however, that if payment is not required due to unforeseen budget constraints, as set forth by statute regarding same, no interest will accrue.
Are there reasons for which payment may be withheld past the general deadline?
West Virginia does not specify particular reasons for which payment may be withheld, other than unforeseen budget constraints as set forth by statute. Accordingly, the reasons for which payments may be withheld is likely governed by the parties’ contract.