{"data":{"id":"us-wv/w.-va.-code-5-22b-3","jurisdiction":"us-wv","citation":"W. Va. Code § 5-22B-3","heading":"Authorization of construction management at-risk contracts for public construction projects.","body":"(a) Notwithstanding any other provision of this code to the contrary, the state and/or its subdivisions who comply with the provisions of this article may solicit and execute a construction management at-risk contract.\n(b) The execution of a construction management at-risk contract between the state and/or its subdivisions and a construction manager is optional. The use of a construction management at-risk contract is at the discretion of the state and/or its subdivisions. If the state and/or its subdivisions opt not to execute a construction management at-risk contract the provisions of §5-22-1 et seq. of this code shall apply to the selection and management of the bidding process of the project.\n(c) Prior to entering into a construction management at-risk contract, the state and/or its subdivisions shall adopt policies for utilization of a construction management at-risk contract. The policies shall require that such contracts include, at a minimum, the following:\n(1) Procedures for the preparation and content of requests for qualifications and requests for proposals;\n(2) Procedures for preparing and submitting proposals;\n(3) Procedures for evaluating proposals in accordance with §5-22B-12 of this code;\n(4) Procedures for negotiations between the state and/or its subdivisions and the construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; and\n(5) Procedures for filing and acting on formal protests relating to the solicitation or execution of construction management at-risk contracts.\n(d) The state and/or its subdivisions may require supplemental conditions to a construction management at-risk agreement and any modifications to the agreement will be communicated to all parties prior to the execution of the contract.","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-3/","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":"eaff348aaca5efde9b2f70f71b48b63e19449b8418b230fdef345e4579d3ba5a","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-5-22b-2","next":"us-wv/w.-va.-code-5-22b-4"},"notice":"GroundRules: Original legal text. Not legal advice."}