West Virginia retainage

Who and what this applies to

West Virginia Division of Highways contracts incorporating the 2023 Standard Specifications and applicable supplements.

Thresholds and scope

These are DOH contract provisions, not a statewide private or public retainage cap.

The rules

• Section 103.6 requires the contract bond in the amount associated with the bidder’s published performance rating in effect 15 calendar days before letting. The specification states that furnishing that bond does not necessitate withholding retainage from future progress estimates. Source
• Section 109.6 calls for written progress estimates monthly, with semi-monthly estimates at the engineer’s discretion when the qualifying amount exceeds $10,000; work whose integrity is in doubt can be excluded until the concern is resolved. Source
• Section 109.8 ties final payment to project acceptance and the final estimate, less previous payments and amounts retained or deducted under the contract. A contractor disputing the final estimate must ordinarily submit written reasons and supporting information within 30 calendar days after receipt. Source

Deadlines

Use the incorporated project specifications and special provisions for payment conditions; the retained/deducted amounts must have a contractual basis.

Primary sources

• 2023_Standard_(12-16-22).pdf
• 2026%20Supplemental%20Specifications.pdf
• specifications-standards-and-publications

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

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