At a Glance
Quick Answer
West Virginia does not have a state prevailing wage law. Federal Davis-Bacon Act still applies to federally funded construction projects over $2,000.
West Virginia repealed its state prevailing wage law in 2016 (HB 4005). Prior to full repeal, the state had raised the threshold to $500,000 in 2015 before eliminating the law entirely. Only federally funded construction projects are subject to Davis-Bacon requirements.
Context
Prevailing Wage & Bidding in West Virginia
West Virginia is a no-state-prevailing-wage jurisdiction. The legislature raised the threshold to $500,000 in 2015 and then repealed the law entirely in 2016 through HB 4005, so there is no longer a state-set wage schedule, no state certified-payroll mandate, and no state administering agency for prevailing wage. For contractors bidding purely state, county, or municipal work in West Virginia, this means you price labor to true market and your own cost structure rather than to a government rate book. That flexibility can sharpen your number, but it also removes a uniform floor, so you must understand local labor availability before you commit a bid.
The critical exception is federal money. The federal Davis-Bacon Act still governs any federally funded or federally assisted construction in West Virginia over $2,000. On those jobs you must pay the applicable Davis-Bacon wage determination for each classification, submit weekly certified payrolls, and absorb the same compliance burden as in any state. Misclassifying a project as 'no prevailing wage' when federal dollars are involved is the most common and costly mistake here, leading to back-wage liability and potential federal debarment.
When estimating, confirm the funding source in the bid documents first. If any federal funding flows through, build Davis-Bacon rates, fringe benefits, and certified-payroll administrative time into your labor cost. For fully state- or locally-funded work, you have pricing latitude, but watch for project-specific wage requirements that an owner or municipality may impose contractually. Repeal-restoration bills have been introduced repeatedly but none has passed, so verify the law's status close to bid date.
Details
Coverage Details
State Status
- Law
- Repealed in 2016
- Agency
- N/A — State law repealed
- Certified Payroll
- Not required at state level
Federal Davis-Bacon Coverage
The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in West Virginia. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.
Reference
Key Facts
State prevailing wage law repealed in 2016 via HB 4005
Threshold was raised to $500,000 in 2015 before full repeal in 2016
Federal Davis-Bacon Act still applies to federally funded projects over $2,000
Multiple legislative attempts to restore have been introduced but not passed
Enforcement
Penalties
Federal Davis-Bacon penalties apply to federally funded projects only.
Resources
Related Tools & Templates
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Use ConstructionBids.ai to track matching public projects, save bid searches, and move wage-sensitive scopes into your estimating workflow.
FAQ
Questions Contractors Ask
Does West Virginia have a prevailing wage law?
No. West Virginia does not have a state prevailing wage law. West Virginia repealed its state prevailing wage law in 2016 (HB 4005). Prior to full repeal, the state had raised the threshold to $500,000 in 2015 before eliminating the law entirely. Only federally funded construction projects are subject to Davis-Bacon requirements.
Does Davis-Bacon apply in West Virginia?
Yes. The federal Davis-Bacon Act applies to all federally funded construction projects over $2,000 in West Virginia, regardless of state law. Contractors must pay the prevailing wage rate determined by the DOL for the project location.
Is certified payroll required in West Virginia?
West Virginia does not have a state-level certified payroll requirement. However, certified payroll (WH-347) is still required on any federal Davis-Bacon project in the state.
What are the penalties for prevailing wage violations in West Virginia?
Federal Davis-Bacon penalties apply to federally funded projects only.
Does West Virginia still have a state prevailing wage law?
No. West Virginia repealed its prevailing wage law in 2016 via HB 4005, after raising the threshold to $500,000 in 2015. There is no state wage schedule or state certified-payroll requirement. Multiple bills to restore prevailing wage have been introduced since, but none has become law.
Do I need certified payroll on West Virginia public projects?
Not under state law, since the prevailing wage statute was repealed. However, any project receiving federal funds over $2,000 triggers Davis-Bacon, which requires weekly certified payrolls. Always confirm the funding source in the bid documents before assuming no certified-payroll obligation exists.
How should I price labor when bidding West Virginia state-funded work?
Because no state rate book applies, price to actual market wages, fringe costs, and local labor availability rather than a mandated schedule. This gives competitive flexibility, but verify each project for any owner-imposed wage terms and confirm no federal dollars are involved, which would reinstate Davis-Bacon rates.