West Virginia Prompt Payment Overview

West Virginia does not have statute that explicitly addresses prompt payment for private projects, but it does address prompt payment for public projects.

West Virginia Prompt Payment for Public Projects FAQs

West Virginia’s prompt payment statutes set forth specific timeframes 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.

Prompt Payment Frequently Asked Questions

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.

West Virginia Prompt Payment Statutes

Getting informed about prompt payment laws is important. An examination of West Virginia’s prompt payment laws, the rules and regulations related to payment timing, is important to know your rights and responsibilities as a party on a construction project. West Virginia’s specific laws can be found in: , and are reproduced below.

Prompt Payment Statute on Private Projects

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West Virginia does not address prompt payment for private projects in it’s statutes.

Prompt Payment Statute on Public Projects

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