Contractor Wage Bond in West Virginia

What this bond requires in West Virginia

Before a WV contractor license is issued, the applicant must certify by affidavit that the company is in compliance with the wage bond requirements of W. Va. Code §21-5-14. Every employer in construction, mining, or mineral transportation must post a wage bond payable to the State of WV to secure unpaid wages and fringe benefits; the amount equals 4 weeks of gross payroll at maximum capacity plus 15%. Exemptions exist for single-family-dwelling construction, family farming, employers with at least one year of WV employment history, subsidiaries of parent companies in business 5+ years, and (as of July 7, 2017) employers holding at least $100,000 in available assets that file a Wage Bond Status Affidavit.

Who requires it

The contractor wage bond is required by the West Virginia Division of Labor (Wage Bond) / WV Contractor Licensing Board under WV Wage Payment and Collection Act, W. Va. Code §21-5-14; WV Contractor Licensing Act, W. Va. Code ch. 21, art. 11 (§§21-11-1 et seq.).

How to file in West Virginia

Apply for the contractor license through the WV Contractor Licensing Board, submitting the application, fee, certificate of workers compensation and unemployment compliance, and the wage bond affidavit. Simultaneously file the wage bond (or exemption affidavit) with the WV Division of Labor, Wage and Hour Section, 1900 Kanawha Boulevard East, Building 3, Suite 200, Charleston, WV 25305. The contractor license must be renewed annually; the wage bond must remain in force for the duration of WV operations.

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Common questions

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