West Virginia prompt payment

Who and what this applies to

Legitimate claims against state agencies under the West Virginia Prompt Payment Act of 2025; this is a state-agency rule, not a universal private construction deadline.

Thresholds and scope

The 45-day rule covers the purchases and grants described in Section 12-10-3 made on or after July 1, 2025.

The rules

• Section 12-10-3(b) requires a state agency to pay a legitimate claim within 45 days after receipt. Invoice receipt is determined under the statutory earliest-date rule; if the invoice precedes delivery or performance, the claim is received when the goods are delivered and accepted or services are fully performed and accepted. Source
• Section 12-10-3(c) requires reporting claims unpaid after 45 days to the State Auditor; vendors and grantees may also report them. Subsection (d) directs agencies to process invoices or disburse covered grants within ten business days after receipt. Source
• Sections 12-10-2 and 12-10-3 preserve the statutory scope and exclusions, including defined grant exclusions, legally ineligible vendors/grantees, and the agency’s ability to reject an illegitimate, erroneous, fraudulent, or disputed claim. Source

Deadlines

Payment is due within 45 days after receipt of a covered legitimate claim; the statutory purchase/grant date condition applies.

Primary sources

• https://code.wvlegislature.gov/12-10-3/
• https://code.wvlegislature.gov/12-10-2/

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

Back to West Virginia contractor law · Prompt Payment topic guide.