Virginia certified payroll: what the state requires and what VDOT requires
This page reads Va. Code 2.2-4321.3 and 40.1-29, DOLI's prevailing wage page and forms, VDOT's AASHTOWare CRL page and FAQ, and DOLI's work group notice, all read on November 4 and 5, 2026.
Last reviewed against the sources it cites
The short answer
Virginia's prevailing wage law requires no weekly certified payroll. On public works paid for in whole or in part by state funds, or by a locality with an ordinance, above $250,000, the contractor awarded the contract certifies a pay scale under oath for itself and its subs, each contractor and sub certifies wage posting within 10 days, and records are kept six years. VDOT separately requires weekly electronic payrolls on federally assisted construction contracts.
- Under Va. Code 2.2-4321.3(I), the contractor awarded a covered contract certifies under oath the pay scale for each craft, for itself and its subcontractors, and the statute asks for no weekly or periodic payroll submission.
- Subsection (N) exempts a public contract of $250,000 or less, while DOLI's contractor page says total overall project cost more than $250,000, and coverage comes from B (state funds in whole or in part) or C (a locality with an ordinance, paying in whole or in part with its own funds).
- Each contractor and subcontractor must certify to the Commissioner within 10 days of posting the prevailing wage rates (subsection L), and records must be made available to DOLI within 10 days of a request (subsection J).
- VDOT requires weekly electronic certified payrolls in AASHTOWare CRL on all federally assisted construction contracts, and disables an account that goes 30 days without a login.
- Paying below the prevailing wage makes a contractor liable for the wages plus 8 percent interest and disqualified from bidding on public contracts with any public body until restitution (subsection F).
- DOLI's meeting notices schedule Certified Payroll Work Group meetings for September 3 and September 22, 2026, and the Commissioner's report on a payroll portal is due no later than July 1, 2027.
Does Virginia require certified payroll?
Virginia's prevailing wage law requires no weekly certified payroll. On covered public works above $250,000, section 2.2-4321.3 asks the contractor awarded the contract for a sworn pay scale, each contractor and subcontractor for a posting certification, and each employer for payroll records kept six years. VDOT separately requires weekly electronic payrolls on federally assisted construction contracts. A 2026 work group is studying a state payroll portal, with a report due by July 1, 2027.
For federal work, see our WH-347 guide and the state comparison.
Which rule applies to your job
| Who owns the job | What you send | To whom |
|---|---|---|
| State agency, work paid for in whole or in part by state funds, above $250,000 (B, N) | Sworn pay scale after award, posting certification, records on request | DOLI |
| Locality with an ordinance, work paid for in whole or in part by funds of the locality, above $250,000 (C, N) | The same state-law duties | DOLI |
| Covered institution, a public university under a management agreement (D) | The same duties, on contracts initiated after July 1, 2027 worth $5 million or more, paid for in whole or in part by state general funds or state general fund debt | DOLI |
| Department of Housing and Community Development (DHCD) or Virginia Housing Development Authority (HDA) contracts "for the funding or financing of housing developments for low-income or moderate-income individuals under qualification criteria established by DHCD or HDA," and HDA contracts "paid for in whole or in part by funds other than state appropriated funds" (E) | "Shall not be subject to the requirements of this chapter" | Not applicable |
| VDOT federally assisted construction contract | Weekly electronic certified payroll. DOLI's duties may also apply if the job has state funds and is above $250,000, which is this page's reading of the text (see below). | VDOT, in AWP CRL; possibly DOLI as well |
What the state law asks of you
Subsection N says the section does not apply to "any public contract for public works of $250,000 or less," so it tests the public contract. DOLI's contractor page says the law applies "when the total overall project cost is more than $250,000," and its summary says "valued at $250,000 or more." The sources do not resolve which figure a subcontract is measured against, so ask the contracting agency or DOLI whether a $100,000 subcontract under a $2 million prime contract is covered. Subsection A excludes work at a non-governmental property or facility used to provide broadband or other telecommunications services.
1. Pay scale certification, after award
Under subsection I, the contractor awarded the contract certifies the pay scale to the Commissioner under oath, for each craft or trade, covering its subcontractors: the total hourly amount, an itemization of wages and each benefit, and the name and address of any third party fund. The DOLI form or an equivalent works (DOLI). Send it to prevailingwage@doli.virginia.gov or fax (804) 371-6524.
DOLI's form has a "Name of Contractor or Subcontractor" box, and DOLI's page says subcontractors "must be required to follow the certified pay scale." Neither source says whether DOLI expects a sub to submit its own form, so subs should ask the prime or DOLI. DOLI also does not say where to get the DOLI project number the form asks for; ask the contracting agency or DOLI.
2. Posting certification, within 10 days of posting
Subsection L has each contractor and subcontractor post the general prevailing wage rate for each craft, with the effective date of any change, at the site or where workers are paid, and certify that to the Commissioner within 10 days of posting. DOLI's posting form asks for the posting date and a sworn signature. Send it to the same email or fax.
3. Records, available in 10 days
Each employer keeps records of wages paid and hours worked by each worker, and a schedule of the occupation each holds each work day and week (subsection J), for at least six years. Records are due to DOLI within 10 days of a request, with a certification that they reflect actual hours and amounts paid.
What happens when it goes wrong
| Problem | What the sources say |
|---|---|
| Paying below the prevailing wage | Wages plus 8 percent interest, disqualification from bidding on public contracts with any public body until full restitution, and a Class 1 misdemeanor if willful (F). DOLI's page cites subsection D for this, which is F in the current statute. |
| A false statement on a certification | DOLI's pay scale form says falsifying its statements may subject the contractor to criminal prosecution and cites 40.1-51.4:2, which punishes a knowingly false statement in a document "filed or required to be maintained under this title" with a fine of up to $10,000, up to six months in jail, or both. That statute is in Title 40.1 while the pay scale certification comes from Title 2.2, so the fit is unclear. |
| Late posting certification or records | Subsections L and J name no penalty of their own. Subsection F ends, "A contractor or subcontractor who willfully violates this section is guilty of a Class 1 misdemeanor." That is the statute's own wording, in the subsection on underpayment. No source read shows an agency applying it to a late certification or records. Subsection O lets the Commissioner refer matters to the Attorney General under 40.1-29(G) or (N). |
VDOT federal-aid work: weekly payrolls in AASHTOWare CRL
VDOT's page, updated September 30, 2026, says primes and subcontractors must submit certified payrolls electronically every week in AASHTOWare Project Civil Rights and Labor (AWP CRL) on all federally assisted construction contracts. The FAQ names Special Provision 107-000120-00, in all VDOT Construction Division contracts; Local Assistance bidders check the advertisement.
- Request access early. Send the CRL External Access Request Form and VDOT ITD Security Form to crlms@vdot.virginia.gov, and allow several days. The FAQ makes primes responsible for their subs submitting.
- Keep the login alive. After you get credentials, call the VITA Customer Care Center at 866-637-8482 to finish access (FAQ). Log in at least every 30 days or VDOT disables the account, and change the password every 90 days (VDOT).
- Enter, attach, sign. Attach files before signing, because a signed payroll is corrected by a modification, not edited (guide 5, copyright 2020).
- Expect review. If VDOT rejects a sub's payroll, the prime rejects it and the sub approves it with an explanation or creates a modification (guide 7).
VDOT recommends that subs submit their own payrolls, but a prime may submit a proxy payroll for a sub, and the sub still signs (guide 1C, copyright 2020). VDOT's AWP CRL page states no penalty for late payrolls, so read the special provision in your contract. Other DOTs: our AASHTOWare CRL guide.
Do DOLI's duties reach a VDOT job? Subsection A defines public works to include "transportation infrastructure projects," subsection B covers a state agency's contracts paid for "in whole or in part by state funds" with no exception for federal money, and DOLI's page applies the law where there is "any State funding." On this page's reading, a VDOT job above $250,000 with any state funds falls within DOLI's duties. VDOT's civil rights page says highway contracts must follow "federal and state labor regulations" and lists DOLI as a resource, but its AWP CRL pages do not mention DOLI's certifications. Confirm the funding with the contracting agency or DOLI.
The 2026 Certified Payroll Work Group
DOLI's notices (meeting 1, meeting 2) say the Commissioner is convening the group under House Bill 569 and Senate Bill 518, enacted in 2026, to examine a portal and database for required payroll records. Two virtual meetings were set for September 3 and 22, 2026, and the Commissioner reports by July 1, 2027. As of November 5, 2026, DOLI's news page shows no meeting summary, report or portal decision. A study is not a duty: the current statute has no portal or periodic submission requirement.
We prepare certified payroll for public works contractors. Tell us about your project.
Questions
Do I send certified payroll to DOLI every week?
Does a subcontractor have to certify posting?
Who signs?
Will Virginia build a state payroll portal?
Sources
Every figure on this page links to its source where it first appears. The full list, in order:
- Va. Code 2.2-4321.3 law.lis.virginia.gov
- 40.1-29 law.lis.virginia.gov
- DOLI's prevailing wage page doli.virginia.gov
- VDOT's AASHTOWare CRL page vdot.virginia.gov
- FAQ vdot.virginia.gov
- work group notice doli.virginia.gov
- September 3 commonwealthcalendar.virginia.gov
- September 22, 2026 commonwealthcalendar.virginia.gov
- DOLI form doli.virginia.gov
- posting form doli.virginia.gov
- 40.1-51.4:2 law.lis.virginia.gov
- Attach files before signing vdot.virginia.gov
- guide 5 vdot.virginia.gov
- guide 7 vdot.virginia.gov
- guide 1C vdot.virginia.gov
- civil rights page vdot.virginia.gov
- DOLI's news page doli.virginia.gov