West Virginia Contractor Deposit Rules (2026): No Advance Payment on Insurance Roofing
West Virginia sets no deposit cap, but an insurance-paid residential roofer can't require any advance payment until the cancellation period ends. From W. Va. Code 46A-6M-4.
Not legal advice. General information from each state's statutes, checked Oct 28, 2026. Local rules and the facts of your contract can change the answer; for a specific contract, ask a lawyer licensed in your state.
Set the deposit
Every payment tied to a stage
The deposit and payment schedule in the Clamp app: a $1,000 deposit due when the customer signs, then every other payment tied to a stage of the job. $1,000 on this $17,699 bathroom is under every state's cap. Sample data.
What the law says
“a roofing contractor may not require any advance payments”
The maximum deposit, worked
| Contract price | How it works out | Maximum deposit |
|---|---|---|
| $8,000 | Insurance-paid roofing: no advance payment until the cancellation period ends | $0 |
| $25,000 | Insurance-paid roofing: no advance payment until the cancellation period ends | $0 |
| $60,000 | Insurance-paid roofing: no advance payment until the cancellation period ends | $0 |
Who it covers and the exceptions
Covers
Roofing contractors repairing or replacing any part of a roof system on residential real estate when payment is expected from a property or casualty insurance policy (W. Va. Code 46A-6M-2(a), 46A-6M-4(a)).
Cancellation window
The owner may cancel before midnight of the fifth business day after receiving the insurer's notice that all or part of the claim is not covered (W. Va. Code 46A-6M-2(a)).
Refund
Within 10 days after cancellation the roofer must return any payments, partial payments, or deposits and any note, except a reasonable and customary charge for authorized emergency repairs (W. Va. Code 46A-6M-4(b), (c)).
Penalties
The owner or insurer may sue for damages, and a willful violation is a misdemeanor punishable by a fine up to $5,000, up to one year in jail, or both (W. Va. Code 46A-6M-6).
West Virginia deposit questions
Does West Virginia limit contractor deposits?
No general cap exists. The Contractor Licensing Act and its contract rule only require a signed written contract for work of $10,000 or more.
Can a West Virginia roofer collect money before the insurance claim is settled?
Not as an advance payment requirement until the cancellation period expires, except a reasonable and customary amount for emergency repairs the owner authorized.
Compare other states
How we checked
We read each state's statute or licensing rule on the official legislature or agency site and quote it as written. Where the official site would not load, the row says so and names the copy we read. A state stays "still being checked" until we have read the full rule; we never mark it "no cap" before then. Last checked .
This guide explains what the statutes say. It is not legal advice; for a specific contract, ask a lawyer licensed in your state.