W. Va. Code R. § 28-4-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 28-4-4 - Contract Form; Required Contract Provisions; Required Change Orders; Suggested Contract Provisions

4.1. While there is no required format for a written contract, the written contract shall include at least the following provisions:

4.1.1. The licensee's name and business address;

4.1.2. The owner's name, address, and construction project address or location if different from the owner's address;

4.1.3. A description of the work to be performed by the licensee, including a description of the materials to be furnished by the licensee;

4.1.4. A description of the work to be performed by any subcontractors the licensee anticipates hiring, including a description of the materials to be furnished by the subcontractors;

4.1.5. A description of materials the owner intends to furnish, if any;

4.1.6. The total cost of the construction project and the terms of payment, including specification of a payment schedule;

4.1.7. The construction project's start and completion dates;

4.1.8. A statement requiring the licensee and owner to sign and date a written authorization for any additions, modifications, or changes to the description of work to be performed, to the contract price, or to any other changes to the terms and conditions of the contract;

4.1.9. A statement requiring the licensee and owner to confirm licensee's disclosure regarding whether licensee has a valid and current general liability insurance policy;

4.1.10. A statement that the licensee will enter into a written contract with any subcontractor that the licensee hires to work on the construction project, and that the written contract between the licensee and subcontractor will include all relevant provisions, terms and conditions, including a statement requiring the licensee, subcontractor, and owner to confirm subcontractor's disclosure regarding whether subcontractor has a valid and current general liability insurance policy, as the contract between the licensee and owner;

4.1.11. The licensee's contractor license number and classifications;

4.1.12. A statement that all employees on the project, including employees of any subcontractor, are legally authorized to work in the United States;

4.1.13. The licensee's workers' compensation policy number and unemployment insurance account number;

4.1.14. A description of any additional provisions, terms, or conditions of the contract;

4.1.15. Authorized licensee's signature, printed name, title, date, taxpayer ID number, business telephone number and email address; and

4.1.16. Authorized owner signature, printed name, title, date, email address and telephone number.

4.2. The Board recommends that a licensee include at least the following additional provisions in a written contract:

4.2.1. If any permits or licenses are required for the construction project, specification of who is responsible for obtaining and paying for them;

4.2.2. A description of the licensee's warranties, if any;

4.2.3. A statement regarding the licensee's and owner's responsibilities with regard to liens and lien waivers;

4.2.4. A description of the licensee's responsibilities for construction site maintenance, storage of equipment, materials and supplies, normal hours of work, and hours of work for loud construction activities; and

4.2.5. A description of the licensee's responsibilities with regard to any subcontractors that are hired by the licensee.

W. Va. Code R. § 28-4-4