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West Virginia bars contracting work or bids without a contractor license issued by the West Virginia Contractor Licensing Board. The law's contractor definition applies at $5,000 or more for residential work or $25,000 or more for commercial work. As of May 1, 2022, the annual license fee is $90, or $20 for a qualifying electrical sole proprietorship.
West Virginia · Contractor licenseVerified 2026-10-04
State license
Contractor license (residential and commercial)
West Virginia law bars any person from engaging in any activity as a contractor, or submitting a bid to perform work as a contractor, unless that person holds a license issued under the licensing article; the article defines a contractor by an undertaking costing $5,000 or more for residential work or $25,000 or more for commercial work. A building code official or other permit authority may not issue permits to a person who does not possess a valid contractor license when the Act or rule requires one.
A written examination in each contractor classification sought and a West Virginia business and law examination; an out-of-state contractor seeking licensure for bidding purposes only passes only the business and law examination, to qualify for a conditional license
Contractor license (residential and commercial). West Virginia law bars any person from engaging in any activity as a contractor, or submitting a bid to perform work as a contractor, unless that person holds a license issued under the licensing article; the article defines a contractor by an undertaking costing $5,000 or more for residential work or $25,000 or more for commercial work. A building code official or other permit authority may not issue permits to a person who does not possess a valid contractor license when the Act or rule requires one.
Threshold. The article’s definition of a contractor applies where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work
No person may engage in this state in any activity as a contractor or submit a bid to perform work as a contractor, as defined in this article, unless that person holds a license issued under the provisions of this article.
or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work.
4.4. The building code official or other authority of any incorporated municipality, county, or other political subdivision in this state charged with the duty of issuing building or other permits for contracting work as defined in this rule may not issue permits to any person who does not possess a valid contractor license when required by the Act or this rule.
Structures built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in the construction the use of more than two contractor classifications
"General building contractor" means a person whose principal business is in connection with any structures built, being built, or to be built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in the construction the use of more than two contractor classifications,
"Residential contractor" means a person whose principal business is in connection with construction, repair, or improvement of real property used as, or intended to be used for, residential occupancy.
Exam. A written examination in each contractor classification sought and a West Virginia business and law examination; an out-of-state contractor seeking licensure for bidding purposes only passes only the business and law examination, to qualify for a conditional license. Source: W. Va. Code R. § 28-2-5.2
Workers' compensation. After passing the examination and before the license is issued, the applicant certifies by affidavit that it has registered, and is in compliance, with the workers’ compensation fund and the employment security fund. Source: W. Va. Code § 30-42-5(e); W. Va. Code §30-42-5(e)(2)
5.2. All applicants must pass a written examination in each contractor classification for which they seek licensure, as set forth in the Act and section 6 of this rule, and a West Virginia business and law examination, except that in the case of an out-of-state contractor seeking licensure for bidding purposes 5 28CSR2 only, the out-of-state contractor must pass only the West Virginia business and law examination in order to qualify for a conditional license.
(e) Following successful completion of the examination, and prior to the issuance of the license, the applicant shall certify by affidavit that the applicant:
Has registered, and is in compliance, with the workers’ compensation fund and the employment security fund, as required by §23-1-1 et seq., and §21A-1-1 et seq., of this code; and
Annual license fee, paid at the time of application ($20 for a sole proprietorship engaging in business only as an electrical contractor whose owner holds an electrician’s license and provides proof of licensure)
5.4. Any person desiring a license must, at the time of application, pay the annual fee of $90, as established by the Board, except that in the case of a sole proprietorship engaging in business only as an electrical contractor where the sole proprietor/owner holds an electrician’s license issued pursuant to W. Va. Code §29-3B-1 et seq., and provides proof of licensure to the Board, the annual fee is $20.
Term and renewal. A license expires one year from the date on which it is issued
A license issued under the provisions of this article expires one year from the date on which it is issued. The board shall establish application and annual license fees not to exceed $150.
Upon determining that a person is engaged in contracting business in the state without a valid license, the board issues a cease and desist order, and after affording an opportunity for a hearing it may impose a penalty of not less than $200 nor more than $1,000. A person who continues after service of the order is guilty of a misdemeanor: for a first offense, a fine of $200 to $1,000; for a second offense, a fine of $500 to $5,000, jail for not more than six months, or both; for a third or subsequent offense, a fine of $1,000 to $5,000 and jail for not less than 30 days nor more than one year. A person who undertakes construction work without a required license, when the contractor’s construction contract on the project totals $25,000 or more, is also assessed an administrative penalty of not more than $200 per day of violation.
(a) (1) Upon a determination that a person is engaged in contracting business in the state without a valid license, the board shall issue a cease and desist order requiring the person to immediately cease all operations in the state.
After affording an opportunity for a hearing, the board may impose a penalty of not less than $200 nor more than $1,000 upon any person engaging in contracting business in the state without a valid license.
(b) Any person continuing to engage in contracting business in the state without a valid license after service of a cease and desist order is guilty of a misdemeanor and, upon conviction, is subject to the following penalties: (1) For a first offense, a fine of not less than $200 nor more than $1,000; (2) For a second offense, a fine of not less than $500 nor more than $5,000, or confinement in jail for not more than six months, or both fined and confined; (3) For a third or subsequent offense, a fine of not less than $1,000 nor more than $5,000, and confinement in jail for not less than 30 days nor more than one year.
(d) Any person who undertakes any construction work without a valid license when a license is required by this article, when the total cost of the contractor's construction contract on any project upon which the work is undertaken is $25,000 or more, shall, in addition to any other penalty herein provided, be assessed by the board an administrative penalty not to exceed $200 per day for each day the person is in violation.
West Virginia's credential is a contractor license, issued by the West Virginia Contractor Licensing Board. The Contractor Licensing Act says no person may engage in any activity as a contractor in the state, or submit a bid to perform work as a contractor, unless that person holds a license issued under the article [1].
Whether an undertaking falls inside the article's definition of a contractor turns on cost. The definition applies where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work [1].
The board's rule ties the license to permits as well: a building code official or other permit authority may not issue permits to a person who does not possess a valid contractor license when the Act or the rule requires one [2].
Classifications and what an applicant shows
The statute defines several classifications, each with its own scope. A general building contractor's principal business concerns structures whose construction calls for more than two contractor classifications [1]. A residential contractor works on real property used, or intended to be used, for residential occupancy, while a multifamily contractor works on a multifamily residential structure [1].
Testing comes in two layers under the board's rule: a written examination in each contractor classification sought, plus a West Virginia business and law examination [2]. An out-of-state contractor seeking licensure for bidding purposes only passes only the business and law examination in order to qualify for a conditional license [2].
Passing the exams is not the final step. After the examination and before the license issues, the applicant certifies by affidavit that it has registered, and is in compliance, with the workers' compensation fund and the employment security fund [1].
Cost and renewal
As of May 1, 2022, the annual license fee is $90 per year, paid at the time of application, except that a sole proprietorship engaging in business only as an electrical contractor, whose owner holds an electrician's license and provides proof of licensure to the board, pays $20 [2].
A license expires one year from the date on which it is issued [1].
Working without the credential
The statute builds its response in stages. When the board determines that a person is engaged in contracting business in the state without a valid license, it issues a cease and desist order requiring the person to stop all operations in the state [1]. After affording an opportunity for a hearing, the board may also impose a penalty of not less than $200 nor more than $1,000 [1].
Carrying on after service of that order is a misdemeanor. Upon conviction, a first offense carries a fine of $200 to $1,000; a second offense, a fine of $500 to $5,000, jail for not more than six months, or both; and a third or subsequent offense, a fine of $1,000 to $5,000 together with jail for not less than 30 days nor more than one year [1].
A further administrative penalty applies to construction work undertaken without a license the article requires, when the total cost of the contractor's construction contract on the project is $25,000 or more [1]. In that case the board assesses a penalty of not more than $200 per day for each day of violation, in addition to any other penalty [1].
