Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-10-4 - Primary Contractor's Liability; Generally4.1. The liability of the primary contractor, under the provisions of W. Va. Code § 23-2-1d, for the payments due to the workers' compensation commission by its subcontractors can arise in only two ways. 4.1.a. If the subcontractor is not in good standing with the commission on the first date on which it begins performance of its work under the contract, then the primary contractor will become liable for any payments due by the subcontractor to the commission after the subcontractor begins the performance of its work. The primary contractor will not be liable for the payments due to the commission by the subcontractor, which became due prior to the start of the subcontractor's work.4.1.b. The second way in which the primary contractor can become liable to the commission for the subcontractor's payments is if the subcontractor loses its good standing with the commission after the subcontractor begins the performance of its work and throughout the life of the contract. That is, a subcontractor can be in good standing with the commission at the start of its performance under the contract, but later lose that good standing when it fails to make a report or a payment. In this situation, the primary contractor can become liable for the debts of the subcontractor to the commission unless the primary contractor takes certain actions. In this situation, the primary contractor becomes liable only for certain of the payments that become due after the default. The primary contractor is not liable for any payments that were due prior to that default except as provided for in subdivision 4.1.a. The determination of which payments the primary contractor becomes liable for is set forth in subsection 5.3.