Surety bonds • West Virginia
West Virginia Public Works Bonds (§§ 38-2-39 and 5-22-1): Requirements
West Virginia public bodies must require a bond before awarding contracts for public buildings and structures, covering unpaid suppliers and workers under W. Va. Code § 38-2-39. On government construction projects over $25,000, bidders must submit a bid bond and the winning bidder must furnish performance and payment bonds under § 5-22-1.
This guide covers the bonds, who they protect, and cost. Blake Insurance Group is an independent agency and does not give legal advice; a licensed agent can help contractors set up bonding.
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Required bonds
| Rule | Detail |
|---|---|
| Payment bond (§ 38-2-39) | Required before award on public buildings and structures |
| Bond amount | At least the reasonable cost of materials, machinery, equipment, and labor |
| Bid bond (§ 5-22-1) | Required on construction projects over $25,000 |
| Award (§ 5-22-1) | The winning bidder furnishes sufficient performance and payment bonds |
Sources: W. Va. Code § 38-2-39, W. Va. Code § 5-22-1.
Who the bonds protect
The payment bond protects material suppliers, equipment providers, and laborers who are not paid. The performance bond protects the public owner. See our performance bond and payment bond guides.
How much West Virginia contract bonds cost
Contract bonds are priced as a percentage of the bond amount, commonly about 0.5% to 3% based on the contractor’s finances and experience (NASBP).
West Virginia public works bond FAQs
Are payment bonds required on West Virginia public projects?
Yes. Public bodies must require a bond covering suppliers and workers before awarding the contract.
When is a bid bond required in West Virginia?
On government construction projects over $25,000.
How much is the West Virginia payment bond?
At least the reasonable cost of the materials, equipment, and labor for the contract.
Related guides
Important information
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Cost figures. Published averages and ranges are cited from the sources named, as of the dates shown. They are not quotes and may not reflect your price, which depends on the insurer, the surety, your credit, the bond type, and underwriting.
Availability. Coverage, prices, discounts, and eligibility vary by insurer, state, and applicant, and are subject to underwriting. The issued policy controls.
Your next step
Tell us about your West Virginia public project, and a licensed agent will help you set up bonding.
