Who licenses concrete and masonry work in West Virginia
West Virginia licenses contractors at the state level. The West Virginia Contractor Licensing Board issues the license, and the West Virginia Division of Labor performs the administrative and enforcement work for the Board. The Board sits at 1900 Kanawha Boulevard East, State Capitol Complex Building 3, Room 200, in Charleston. The governing law is the West Virginia Contractor Licensing Act, West Virginia Code Chapter 30, Article 42. The Board's legislative rule, Title 28 Series 2, fills in the classifications, the fees and the application steps. Concrete flatwork, foundations and masonry all fall inside this one state license. There is no separate state trade license for a concrete finisher or a bricklayer, and the Board does not issue a handyman license or a temporary license. The license is issued to the business entity, not to the person holding the trowel. A sole proprietorship, partnership, LLC or corporation each applies the same way, and under the Act no firm, partnership, corporation or association may contract in the state unless an officer holds the license. The Division of Labor reports that its licensing section issues and renews roughly 29,000 to 30,000 contractor licenses, HVAC technician certifications, manufactured housing licenses and plumber certifications each year. Field inspectors travel the state performing routine and complaint driven inspections to check compliance with licensing requirements.
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When a concrete or masonry job needs a state license
The Act sets a dollar trigger, and it is measured on the whole project. Code 30-42-3 defines a contractor as a person who, for compensation and not as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or bids to construct, alter, repair, add to, improve, move, wreck or demolish any building, structure or excavation, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work. Submitting a bid counts. The Board's own FAQ is blunt about subcontractors: licensing requirements are based on the entire construction project, including the cost of all labor and materials, not on your individual contract. A concrete sub paid less than $5,000 on a residential project that totals more than that still needs the license. Several exemptions exist. Work performed personally by an owner or lessee on property that person owns or leases sits outside the definition, as does work by an employer's regular employees on property the employer owns and does not intend for speculative sale or lease. Material suppliers who only advise and do not install are exempt. Landscaping and painting services are carved out by name, while concrete and masonry are not. Under the Board's rule, no bid may be accepted that does not bear the contractor license number on its face.
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The Concrete classification and what it covers
Concrete is one of the Board's tested classifications. Title 28 Series 2 defines a concrete contractor as a contractor whose principal business is installation and repair of concrete, concrete reinforcing materials, concrete products and accessories common to the industry. The definition names the forming, pouring and finishing of concrete structures such as footings, foundations, slabs, basements, sidewalks and walkways, driveways and parking areas, and fence footings. It then sets two height ceilings that matter every time you quote work: decorative concrete walls not to exceed four feet in height, and retaining walls not to exceed five feet in height. The Board's Candidate Information Bulletin adds that the excavation incidental to performing that work sits inside the class. The rule defines incidental work as work directly related to and necessary for the completion of the main construction project that is within the scope of the license classification. Read those limits before you bid a tall retaining wall. A six foot retaining wall is not concrete flatwork in the Board's eyes, and the entity performing it needs a classification whose scope reaches it. Adding a classification later costs nothing beyond the examination fee. The Board's FAQ says that once the required exam is passed you notify the office in writing, include the exam score report, and ask for the classification to be added, with no fees other than the examination fee.
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The Masonry classification and what it covers
Masonry is a separate tested classification. The Board's rule defines a masonry contractor as a contractor whose principal business is the installation of brick, concrete block, stone, marble, slate, or other units and products common to the masonry industry, with or without mortar. The definition reaches the installation of grout, caulking, tuck pointing, sand blasting, mortar washing, pargeting, cleaning, and welding of reinforcement steel related to masonry construction. The Candidate Information Bulletin uses the same scope and labels the class Masonry (specialty) Contractor. A company that pours footings and then lays block on them is performing two classifications, and the Board lets one entity hold several at once. There is no limit on the number of qualifiers an entity may carry, as long as each is a full-time employee, part of responsible management, or both. In practice a concrete and masonry outfit sends the Board its scope of work and the Board confirms which classifications and which exams apply. Do that before paying for an exam. The Board puts that step first in its own step by step guide, because the classification decision drives everything after it. The Board's rule also defines an unlicensed act to include a license holder who performs work outside the license's classifications, so the scope you claim has teeth behind it.
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General building, residential and specialty: when another class fits better
Concrete and masonry are narrow classes, and a project can outgrow them. A general building contractor is one whose principal business connects to structures built for the support, shelter and enclosure of persons, animals, chattels or movable property, requiring in the construction the use of more than two contractor classifications, or one who supervises the whole or any part of the construction. Outside work on a residential structure, the general building scope does not reach electrical, plumbing, heating, ventilating and cooling, piping or general engineering work. A residential contractor is one whose principal business is the construction, repair or improvement of real property used for residential occupancy, and the rule treats a residential contractor as licensed for all classifications required in work on a residential structure. The Act defines a residential structure as one containing not more than three distinct floors above grade. General engineering covers public and private works projects, and its listed scope includes piers and foundations. Remodeling and repair is limited to projects where the cost of the undertaking does not exceed $40,000. A specialty contractor is one whose services do not substantially fall within the scope of any listed classification, and the Board's classification notice states that a specialty license is available only when the work cannot substantially fall within a listed class. The application notes that a specialty contractor takes only the Contractor Licensing Act exam.
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Who qualifies the entity, and how exam scores travel
A business does not take an exam. A person does, and that person qualifies the entity. The qualifier must be a member of responsible management or a full-time employee. Responsible management means officers of a corporation, partners of a general partnership, managers of a limited liability company, managing partners of a limited partnership or limited liability partnership, or the sole proprietor and owner of a sole proprietorship. A full-time employee is one who spends a minimum of 30 hours per week working under the control and supervision of the contractor for a wage and other benefits required by law, and payroll records are the required proof. An entity may have more than one qualifier, and the Board allows one person to sit the Contractor Licensing Act exam while another sits the trade exams. The Board does not allow backup qualifiers. Exam scores do not expire, but a score may be used a maximum of three times: once as a full-time employee and possibly two more times by a person who is part of responsible management. A full-time employee may not use the same passing score to qualify an additional entity as that entity's full-time employee. If a qualifier severs the relationship, the entity has 45 calendar days from notice of the severance to name a replacement, or the Board may remove the classification or inactivate the license.
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The two exams a concrete or masonry applicant sits
Every applicant passes the Contractor Licensing Act exam. It runs 90 questions in three hours and draws from Code Chapter 30 Article 42, the Board's Title 28 Series 2 legislative rule, the Title 28 Series 4 rule on written contracts for services, and Code Chapter 21 Article 11A on notice and opportunity to cure construction defects. The trade exam comes on top of that. The Concrete Contractor exam is 50 questions in three hours. Its subject areas include plan reading and estimation, properties of concrete, concrete tools and equipment, formwork, reinforcement of concrete, preparation for placement, placement and finishing, quality control and curing, specialized installations and finishes, and concrete safety. The Masonry Contractor exam is also 50 questions in three hours, weighted toward concrete block, brick, stone, glass block, mortar, steel reinforcement, plan reading and estimating, and safety under the federal regulations. Exams are delivered in computerized format through Prov, and every exam costs $59.95, whether a first attempt or a retake. Scoring uses a cut score of 70 percent, results are provided at the testing center, and the state is notified automatically. There is no waiting period between attempts and no cap on retaking a failed exam. A review is available only after failing a category at least twice and only if you scored within ten points of the 70 percent line.
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What the license actually costs
The Act caps what the Board may charge. Code 30-42-8 says a license expires one year from the date on which it is issued, and the Board shall establish application and annual license fees not to exceed $150. The Board's rule sets the working number. Title 28 Series 2 requires any person desiring a license to pay the annual fee of $90 at the time of application. One exception exists and it is not a concrete or masonry one: a sole proprietorship engaging in business only as an electrical contractor, where the owner holds an electrician license issued under Code 29-3B-1 and shows proof, pays an annual fee of $20. Renewal uses the same annual fee. A renewal application received or postmarked more than 15 calendar days after the expiration date carries a penalty fee of $25 on top of it. A duplicate license may cost $10. The Board's application and affidavit tells applicants to submit the form with the $90 fee and accepts check, credit card or money order. Exam fees are separate, paid to Prov at $59.95 per exam. Adding a classification to an existing license carries no Board fee beyond the examination fee. Treat the State Tax Department, Secretary of State, workers compensation and unemployment registrations as separate line items with their own agencies and their own costs.
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Insurance, workers compensation and the wage bond
West Virginia publishes no general liability insurance dollar minimum for a contractor license. What the state does instead is force disclosure. The Board's written contracts rule requires the contract to include a statement in which the licensee and owner confirm the licensee's disclosure of whether the licensee has a valid and current general liability insurance policy, and the same confirmation covering each subcontractor the licensee hires. Workers compensation is firmer. The application states that if you employ one person in West Virginia you are required by law to obtain workers compensation insurance, applied for directly from a private carrier, and Code 30-42-5 requires the applicant to certify by affidavit that it has registered and is in compliance with the workers compensation fund and the employment security fund. Certain out of state employers whose permanent employees work in West Virginia only temporarily, meaning no more than 30 days within a 365 day period, may be exempt. The wage bond catches out of state crews. A wage bond is required for a contractor that has not been actively and actually engaged in construction work in West Virginia, with employees, for at least one year before the application is completed. Exemptions cover a contractor in business in another state at least five years, one holding at least $100,000 in assets, or a subsidiary of a parent in business at least five years. The bond equals four weeks gross payroll at full capacity or production plus 15 percent for benefits. No wage bond is required for a contractor performing only single family dwelling work, and the notarized wage bond status affidavit must accompany every application either way.
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Renewal, lapse and reinstatement
A contractor license expires 12 months from the date of issuance, and the expiration date prints on the license itself. The Board's rule requires it to provide each license holder with a renewal notice at least 30 calendar days before the expiration date, and the Board's FAQ says renewal notices are mailed roughly 45 days ahead. You can renew online at the Board's site with a credit card, mail a check or money order with the renewal form, or walk it into the Charleston office. Put your license number on the check. A renewal received or postmarked more than 15 calendar days after expiration costs the $25 penalty fee on top of the annual fee. A license not renewed on or before the renewal date lapses, and Code 30-42-13 bars renewal of any license that has lapsed for 90 days or more. At that point the reapplication and reactivation process applies instead, and the Board warns that a grandfathered license expired 90 days or more may require examinations to reactivate. Renewal is not automatic. The Board verifies good standing with the State Tax Department business registration, the Secretary of State where applicable, the Offices of the Insurance Commissioner for workers compensation, and WorkForce West Virginia for unemployment, and verification of coverage must be received before a renewal is processed. The Board's legislative rule sets no continuing education requirement for renewal.
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Reciprocity and outside exam scores
Code 30-42-18 lets the Board grant licenses of the same or equivalent classification to contractors licensed by other states, without written examination, to the extent those states provide similar action and on satisfactory proof that the applicant's qualifications are equal to those of holders of similar West Virginia licenses. The Board publishes the agreements it has actually signed. For a masonry contractor the live one is Tennessee: the Board approved a Masonry classification reciprocity agreement with Tennessee effective December 17, 2020, alongside Tennessee agreements covering general building, multi-family, residential, electrical, HVAC, plumbing, and sprinkler and fire protection. Older agreements, in effect since 2000, cover the electrical classification with North Carolina and Ohio. Later ones cover plumbing and HVAC with Ohio, HVAC with Alabama, and manufactured home installation with Ohio. No published agreement covers the Concrete classification, so a concrete applicant sits the exam. Beyond formal agreements the Board accepts National Association of State Contractors Licensing Agencies exam scores, and says it will review and may accept scores from an accredited national testing organization, naming ICC, Prov and PSI Services as examples. Reciprocity does not remove the Contractor Licensing Act exam from the path for most applicants, and it does not remove the tax, workers compensation, unemployment or wage bond steps. State by state reciprocity applications sit on the Board's forms and resources page.
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Penalties for contracting without the license
The Board acts first by order. On determining that a person is engaged in the contracting business in the state without a valid license, the Board shall issue a cease and desist order requiring that person to immediately cease all operations in the state, and the order is withdrawn when a license is issued. After affording an opportunity for a hearing, the Board may impose a penalty of not less than $200 and not more than $1,000 on any person engaging in contracting business without a valid license, and it may accept payment of the penalty in lieu of a hearing. An adversely affected party has 30 days to appeal to circuit court. Continuing to contract after service of a cease and desist order is a misdemeanor. A first offense carries a fine of not less than $200 and not more than $1,000. A second carries a fine of not less than $500 and not more than $5,000, confinement in jail for up to six months, or both. A third or later offense carries a fine of not less than $1,000 and not more than $5,000 plus confinement of 30 days to one year. Separately, a person who undertakes construction work without a required license where the total cost of the contractor's contract on the project is $25,000 or more may be assessed an administrative penalty not to exceed $200 per day for each day in violation. Lending, assigning or transferring a license is its own violation, carrying the same penalties.
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Advertising and license display rules
This is the part licensed concrete and masonry contractors trip over after the license is in hand. Code 30-42-6(b) requires a license holder to keep the license or a copy posted in a conspicuous position at every construction site where work is being done by the contractor. The Board's rule defines posting of the license as keeping a copy of each contractor's valid license on every job site where contracting work is being performed, so the license is readily available for inspection by the Board or, upon request, by the general public. The same statute requires the contractor's license number to be included in all contracting advertisements and in all fully executed and binding contracts. Any person violating that subsection is subject, after hearing, to a warning, a reprimand, or a fine of not more than $200. The rule defines advertisement as any means or method used by a contractor to promote the contractor's business to the general public, which pulls in trucks, yard signs, flyers, print, paid search and your website. The rule gives one accommodation for web advertising: if a contractor maintains an internet website, an advertisement may direct potential customers to the contractor's online landing page for a link to the information the statute requires. Put the number where a reader finds it rather than burying it. No bid may be accepted that does not bear the license number on its face.
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Written contracts, change orders and what you may claim
Code 30-42-10 bars a licensee from performing contracting work of an aggregate value of $10,000 or more, including materials and labor, without a written contract setting forth a description and cost of the work, signed by the licensee and the customer. Title 28 Series 4 spells out the minimum terms, and the Board publishes a contract form that a licensee may modify so long as the required provisions survive. Aggregate value means the total combined cost of materials and labor for the entire construction project, including what subcontractors furnish and materials the owner furnishes. Required provisions include a description of the work and materials, a description of the work and materials of any subcontractor you expect to hire, the total project cost and a payment schedule, start and completion dates, a clause requiring both parties to sign and date written authorization for any change, the general liability disclosure confirmations, your license number and classifications, a statement that all workers on the project are legally authorized to work in the United States, and your workers compensation policy number and unemployment insurance account number. The Board recommends adding who obtains and pays for permits, your warranty terms, lien and lien waiver responsibilities, and site and working hour terms. Advertise what your classifications say. A licensee holding Concrete can present itself as a licensed concrete contractor in West Virginia. Claiming scope you do not hold is work outside your classifications.
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City and county requirements in the largest metros
West Virginia preempts the city license layer. Code 30-42-20 says that no municipality, local government or county may require any additional occupational license or other evidence of competence as a contractor from any person, firm or corporation holding a valid and current state license, as a condition precedent to performing contractor work in that jurisdiction. That does not clear you of permits or city taxes. Code 30-42-10 requires any applicant for a building or other permit from an incorporated municipality or other political subdivision to furnish satisfactory proof of licensure, or file a written affidavit that the applicant is not subject to licensure, and the permit authority may not issue a permit to a person without a valid license when one is required. The Board's rule repeats that duty at the building code official level. Charleston shows what the local layer looks like in practice. The city's construction project handbook tells contractors to register with the City Collector regarding Business and Occupation tax before starting any contracting work in the city, and city code Section 110-56 taxes gross income from the business of contracting at two percent. The handbook also directs a general contractor to complete an information form for each subcontractor and supplier and to withhold at least two percent of the final contract amount from subcontractors until their tax is settled. Expect comparable registration and permitting in Huntington, Morgantown, Parkersburg and Wheeling, and confirm the current forms and rates with each city before you bid there.
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How a customer verifies your license, and how complaints work
The Board runs a public contractor search and states that the site is updated in real time with the Board's licensure database. A customer can search by license number, which must begin with WV, or by classification, company name, doing business as name, city or county. Results show the license number, company, DBA, address, county, phone, classification and expiration date. The Division of Labor hosts a separate database search page reaching its own licensing programs. Those pages are why your classification list matters commercially. A homeowner comparing two concrete bids can see in seconds whether a bidder holds Concrete, Masonry, both, or something that does not cover the job in front of them. Keep your contact information current through the Board's online account or in writing, because the lookup shows what the Board has on file. Complaints run through a Request for Investigation. The Board publishes the form and an online consumer complaint intake, and it posts disciplinary actions on its own site, where anyone can read them. Code 30-42-14 also lets the Board institute proceedings in circuit court to enjoin a violation. A contractor with a current license, the right classifications, the license number on every ad and a clean disciplinary record has something a cut rate competitor cannot show a customer who asks.
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