Who requires it
West Virginia Division of Labor
License & permit · West Virginia
West Virginia Contractor Wage Bond
West Virginia does not require a statewide general-contractor license surety, but many construction and mineral employers must still protect employee wages with a Division of Labor wage bond. Section 21-5-14 requires non-exempt employers engaged in—or about to engage in—construction work or the severance, production, or transportation of minerals (excluding railroads and water transporters) to furnish a commissioner-prescribed bond payable to the State conditioned on paying wages and fringe benefits when due. The face equals four weeks’ gross payroll at full capacity or production plus fifteen percent of that four-week total. Cash deposits and irrevocable letters of credit may substitute when the Division’s forms and rules are followed.
Common bond amount
4 weeks payroll + 15%
West Virginia gross payroll at full capacity for four weeks, plus 15% (§ 21-5-14 / 42 CSR 33).
How you file
Division of Labor–prescribed surety (cash or LOC may substitute per rule)
Renewal
Maintain while subject to § 21-5-14; 60-day surety cancellation notice
Who requires it
Employers, persons, firms, or corporations engaged in or about to engage in covered construction or mineral work in West Virginia that do not qualify for a statutory or rule-based exemption—typically newer employers without five years’ out-of-state history, $100,000 in assets, a qualifying parent company, or one year of active West Virginia operations under the same EIN.
How much is required
Calculate four weeks of West Virginia gross payroll at full maximum capacity or production, then add fifteen percent. Out-of-state companies count only West Virginia payroll. Include clerical and administrative staff working in the State. The face rises or falls with payroll, but reductions require the Commissioner’s approval and a finding that no claims are outstanding.
How to get and file it
Complete a Wage Bond Status Affidavit, determine whether an exemption applies, and—if bonding is required—have an authorized surety issue the Division’s sole-proprietor/partnership or corporation/LLC form for the calculated face. File the package with the Division of Labor before covered work begins. Maintain an adequate bond while the employer remains subject to §21-5-14. Sureties generally may not cancel without sixty days’ notice to the Commissioner under 42 CSR 33. Seek commissioner approval before lowering the amount after a payroll drop. The Division holds the bond until release conditions are met or wages are paid from the security.
Cost note
The payroll-based figure is the required bond amount, not the premium you pay. See bond amount vs premium. Bond amount vs premium →
Requirement checklist
- Amount formula
- 4 weeks’ WV gross payroll at full capacity + 15%
- Common exemptions
- 1 year active WV operations; 5 years in another state; ≥ $100,000 assets; qualifying parent company
- Affidavit
- Wage Bond Status Affidavit required to document status
Official sources
Frequently asked questions
Is the wage bond the same as a contractor license bond?
No. West Virginia repealed its statewide contractor license bond framework. The §21-5-14 instrument secures wages and fringe benefits for covered construction and mineral employers; it is not a trade-license surety.
Do I still file paperwork if I think I am exempt?
Yes. The Division of Labor expects a Wage Bond Status Affidavit so it can evaluate exemption claims such as one year of West Virginia operations, five years in another state, $100,000 in assets, or a qualifying parent company.
Related West Virginia bond guides
Motor Vehicle Dealer Bond
$25,000
Most West Virginia dealer license applications under article 6 of chapter 17A must include a twenty-five-thousand-dollar surety bond in the form the commissioner of motor vehicles prescribes. Section 17A-6-4 conditions the bond so the applicant will not practice fraud or make fraudulent representations that cause financial loss to a purchaser, seller, financial institution or agency, or the State. The official Form MV-126-DS-P names the Division of Motor Vehicles as the agency that requires the bond and requires the surety to give certified-mail cancellation notice within thirty days. Section 17A-6-2a can relieve qualifying dealers from continuing that bond after three clean years of Dealer Recovery Fund participation, but Recovery Fund payments generally wait until any required dealer bond is exhausted.
Mortgage Broker / Lender Bond
$50,000–$250,000
West Virginia residential mortgage lenders and brokers license under article 17 of chapter 31 and must file electronic surety bonds through NMLS in favor of the State for consumers and for commissioner claims on unpaid civil administrative penalties or examination invoices. Section 31-17-4 sizes lender faces at one hundred thousand, one hundred fifty thousand, or two hundred fifty thousand dollars by West Virginia annual loan originations, except that lender licensees who service West Virginia mortgage loans file a two-hundred-thousand-dollar bond. Broker faces step from fifty thousand to one hundred thousand dollars by West Virginia originations, and a broker must post one hundred fifty thousand dollars before participating in a table-funded residential mortgage loan.
Collection Agency Bond
$5,000 per office
No person may operate a collection agency in West Virginia without a business franchise registration certificate—treated as the collection-agency license—and a West Virginia office. Section 47-16-4 also requires each applicant to file a $5,000 surety bond for every principal office and every branch office. The bond must be issued by a company licensed to write surety in West Virginia, run with the registration tax period, and be approved by the Tax Commissioner before the license may issue.
Surety basics (not repeated here)
Universal surety concepts explained once—linked here instead of repeated on every state or bond page.
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Last verified 2026-08-11. This guide is based on verified educational content and official sources.
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