Virginia's new prevailing wage rules (HB569): what changed on July 1, 2026
Updated July 2026 · verified against Va. Code § 2.2-4321.3 as amended by 2026 Acts of Assembly Chapter 1060 · not legal advice
If you bid on public work in Virginia, the rules changed on July 1, 2026. House Bill 569 — now Chapter 1060 of the 2026 Acts of Assembly — amended Va. Code § 2.2-4321.3, and several of its changes hit contractors and subcontractors directly. This guide covers what is new, what stayed the same, and the filings you are now responsible for.
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State agencies must include prevailing wage requirements in every public works contract over $250,000 paid in whole or part with state funds. That has been true since May 2021. Localities (counties, cities, towns, school divisions) are still opt-in: prevailing wage applies to their projects only where the locality has adopted an ordinance. As of mid-2026 the adopters include Arlington, Fairfax, Loudoun and Prince William counties, and the cities of Alexandria, Portsmouth and Richmond — with more considering it. If your project is for one of these owners and tops $250,000, you are covered.
What changed on July 1, 2026
1 · Covered public universities join the regime. Public institutions of higher education operating under management agreements ("covered institutions") must apply prevailing wage requirements to construction contracts of $5 million or more initiated after July 1, 2027, when paid with state general funds or general fund debt. If you do campus work, the clock is already running on procurement planning.
2 · The pay scale certification under oath. On award of a covered contract, the prime contractor must certify — under oath, to the Commissioner of Labor and Industry — the pay scale for each craft or trade that will work on the project, for itself and its subcontractors: total hourly amount, an itemization of wages and each fringe benefit, and the names and addresses of any third-party fund receiving benefit payments. This is a new, per-award filing.
Why this one matters most: get the classifications wrong here and you have a sworn document contradicting your certified payroll later. The certification and the payroll are checked against each other.
3 · Subcontractors must be registered in eVA. A contractor may not hire a subcontractor for covered public works unless that sub is registered with Virginia's statewide electronic procurement system. Primes: add this to your onboarding checklist. Subs: register before you price the job.
4 · Records: six years, ten days. Every employer on a covered project must keep wage and hour records and a daily schedule of each worker's occupation or classification — and preserve them for six years (twice the federal Davis-Bacon period). On request from the Department of Labor and Industry you have 10 days to produce them, certified as accurate.
5 · Posting plus certification. You must post the prevailing wage rate for each craft at the site (or where wages are paid), and within 10 days of posting, certify compliance to the Commissioner. Another small filing with a deadline attached — easy to miss, easy to prove you missed.
6 · Virginia-specific rates are coming. The Commissioner will determine prevailing wages from Virginia surveys conducted every three years, by planning district, with regulations due by July 1, 2027. Until then Davis-Bacon determinations continue as the floor. Expect a transition: the rate table you bid from in 2026 may not be the one you certify against in 2028.
7 · A certified payroll portal is being designed. The 2026 budget funded a Department of Labor and Industry work group to design a certified payroll reporting portal and database, with a report due to the General Assembly by July 1, 2027. Centralized electronic submission — the model already live in California, New York, Illinois, Washington, New Jersey and Michigan — is on Virginia's roadmap.
The penalties are not theoretical
Underpaying on a covered project makes you liable for back wages plus 8% interest, disqualifies you from bidding on public contracts until restitution is made, and a willful violation is a Class 1 misdemeanor. Interested parties — including labor organizations — now have standing to challenge non-compliant bid specs and recover attorney fees. The enforcement audience just got bigger.
A practical weekly rhythm for covered contractors
At award: file the pay scale certification; verify every sub is in eVA; post rates on site; calendar the 10-day posting certification.
Every payroll: check each worker's classification and total hourly remuneration against the applicable determination; keep the daily classification schedule current.
Ongoing: store records so you can produce them, certified, within 10 days — for six years.
That rhythm is exactly what PrevailKit is being built for — payroll CSV in, rate-checked state forms out, with every deadline and filing tracked. Launching fall 2026. Founding members: $79 $49/mo locked for life (first 50).
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General information based on Va. Code § 2.2-4321.3 (2026 c. 1060), not legal advice. PrevailKit is not affiliated with the Commonwealth of Virginia. Confirm specifics with the awarding body or your counsel.