What is the retainage cap in West Virginia?

On public work the planning cap is 5%. On private work it is No statutory cap. Bid documents and the subcontract still control if they are stricter.

When is retainage released in West Virginia?

Public jobs typically release 60 days after acceptance. Private jobs: Per contract. Confirm the contract date — several states changed caps in 2025–2026.

How fast must a prime pay a sub in West Virginia?

10 days after the prime is paid. Owner or agency to prime is Public: 60 days after invoice in some agencies. Late-pay interest: Per contract.

West Virginia · WV

West Virginia retainage law and prompt-payment rules

Confirm agency specs; some public clocks are slower. Start in the code: W. Va. Code § 21-1D; § 46A-2.

Use this page when you are bidding or billing a job in West Virginia. Public retainage is listed as 5%; private as No statutory cap. Typical public release is 60 days after acceptance.

Then open the retainage calculator for the dollars, or the G702-style pay application if you need line-by-line previous certificates.

Where is the job?

State and project type drive retainage caps and payment clocks

State

Project type

Caps and clocks change with project type, contract value, and the year you signed. Planning table only — confirm the current statute before you rely on a date.

West Virginia — private work

Retainage capNo statutory cap

Typical retainage releasePer contract

Interest / penaltyPer contract

Owner / agency to primePublic: 60 days after invoice in some agencies

Prime to sub (after prime paid)10 days after the prime is paid

Start in the codeW. Va. Code § 21-1D; § 46A-2

Confirm agency specs; some public clocks are slower.

Summaries compiled for planning. This site is not a law firm.

Run the retainage dollars

Questions this page answers

What is the retainage cap in West Virginia?: On public work the planning cap is 5%. On private work it is No statutory cap. Bid documents and the subcontract still control if they are stricter.
When is retainage released in West Virginia?: Public jobs typically release 60 days after acceptance. Private jobs: Per contract. Confirm the contract date — several states changed caps in 2025–2026.
How fast must a prime pay a sub in West Virginia?: 10 days after the prime is paid. Owner or agency to prime is Public: 60 days after invoice in some agencies. Late-pay interest: Per contract.

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