{"data":{"id":"us-wv/w.-va.-code-5-22b-2","jurisdiction":"us-wv","citation":"W. Va. Code § 5-22B-2","heading":"Definitions.","body":"The following terms shall have the following meaning:\n\"Best value\" means a selection process in which proposals contain both pricing and performance components, an award is based upon a combination of pricing and performance considerations to determine the offer deemed most advantageous and of the greatest value to the state spending authority.\n\"Construction fee\" means a combination of home office overhead and profit for services provided during the construction phase of the project, as defined in the contract documents.\n\"Construction management at-risk contract\" means a contract by which a construction manager:\n(1) Assumes the legal responsibility to deliver a construction project within a contracted price;\n(2) Acts as a construction consultant to the state and/or its subdivision during the design development phase of the project when the state and/or its subdivisions architect or engineer designs the project; and\n(3) Is the builder during the construction phase of the project;\n\"Construction manager\" means the legal entity that proposes to enter into a construction management at-risk contract pursuant to this article;\n\"General conditions\" means materials, services, and equipment necessary to perform the work but that are not incorporated into the project as defined in the contract documents;\n\"Letter of interest\" means a statement indicating interest to enter into a construction management at-risk contract for a public project pursuant to this article;\n\"Lowest qualified responsible bidder\" shall have the same meaning as that term is used in §5-22-1(b) of this code;\n\"Preconstruction fee\" means a combination of home office overhead and profit for services provided during the preconstruction phase of the project, as defined in the contract documents;\n\"Proposal\" means an offer in response to a request for proposals by a construction manager to enter into a construction management at-risk contract for a project pursuant to the provisions of this article;\n\"Request for qualifications\" means the documentation or publication by which a state and/or its subdivisions solicits letters of interest detailing a firm's qualifications for a specific project;\n\"Request for proposals\" means the documentation by which a state and/or its subdivisions solicits proposals;\n\"The state and/or its subdivisions\" means the state of West Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities, and all county boards of education.","path":["CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.","ARTICLE 22B. GOVERNMENT CONSTRUCTION MANAGEMENT AT-RISK CONTRACTS."],"source_url":"https://code.wvlegislature.gov/5-22B-2/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:19:59Z","sha256":"3adb5fa98d8d4c14dab7d56c501951e5507b9568137f91bb32345b541b5c9fba","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-5-22b-1","next":"us-wv/w.-va.-code-5-22b-3"},"notice":"GroundRules: Original legal text. Not legal advice."}