West Virginia HVAC Service Agreement (Free Template + State Notes)

What Your West Virginia HVAC Contract Should Include

The builder formats these into a clean, professional agreement:

• Parties & Premises: Legal names, service address, site contact, access windows; attic/roof/mechanical-room access if applicable.
• Scope of Work: Repair/replace/maintain; split/packaged, cold-climate heat pumps, gas/oil furnace/boiler & hydronic, mini-split/VRF, RTUs/DOAS; ERV/HRV; controls/BAS.
• Service Levels: Standard vs. emergency; after-hours; freeze/ice/snow, severe thunderstorm, and flood/landslide rescheduling language.
• Pricing Model: Flat-rate vs. time-and-materials; trip fee; parts handling/mark-up; optional mountain/rural mileage or crane/elevator line items.
• Materials & Parts: OEM or equivalent; low-ambient/defrost; condensate freeze protection & overflow safeties (attic AHUs); curb adapters & wind/hail guards for RTUs; cold-rated insulation/lubricants.
• Customer Responsibilities: Filters, clearances, utilities, HOA/condo approvals, roof/elevator/crane access, snow/ice/water debris removal for safe access.
• Warranty: Labor window; manufacturer pass-through; exclusions (misuse, neglect, wind/hail/flood/freeze/overheat damage, non-payment).
• Code & Safety: Local permits/inspections; IMC/IECC (and IRC for residential) with municipal amendments; EPA refrigerant rules; rooftop fall protection; crane/street-use permits where required.
• Change Orders: Written/e-signed authorization for hidden conditions and price changes.
• Payment Terms: Deposits/milestones; due-on-completion; late fees.
• Termination: For convenience vs. cause; cure periods; demobilization costs.
• Dispute & Venue: West Virginia law; optional county venue (Kanawha, Cabell, Monongalia, Wood, Ohio, Raleigh, Berkeley, Putnam, Harrison, Mercer, etc.).
• Licensing/Registration: Show your legal business name and applicable WV Division of Labor HVAC Technician Certification numbers for individuals, plus any required contractor, electrical, or plumbing licenses/registrations for regulated scopes.

West Virginia–Specific Notes (Read Before You Sign)

Technician certification & licensing: HVAC work typically requires certified HVAC technicians (WV Division of Labor). Electrical/plumbing/gas-piping scopes require their own licenses. Display your legal business name and any license/cert numbers on proposals and the contract; ensure scope matches credentials.

Permits & inspections: Issued by the city/county AHJ (e.g., Charleston, Huntington, Morgantown, Parkersburg, Wheeling, Martinsburg, Beckley). Confirm permit needs, plan review (RTUs/curb adapters/wind), fees, floodplain placement, and inspection timing before change-outs or new installs.

Codes: Jurisdictions administer IMC/IECC (and IRC for residential) with WV amendments. If your scope triggers duct leakage testing, ventilation/ERV balancing, economizers/DOAS on certain RTUs, or commissioning/controls, assign responsibilities and testing fees in the agreement.

Climate & terrain: Address freeze protection for condensate and piping (attic/garage/crawl), low-ambient/defrost kits for heat pumps, anchorage and hail/wind guards for RTUs, snow/ice access language for steep sites, and flood resilience for low-lying river areas (elevated pads/stands, clearances).

Fuel-fired equipment: For gas/oil appliances, reference credentials and safety steps (leak checks, venting/combustion air, CO testing) and any manufacturer-required liners/adapters.

Cooling-off (in-home sales): Covered home solicitations generally include a 3-business-day right to cancel. Attach the written notice when applicable.

Liens: West Virginia provides mechanic’s lien rights with defined notices/timelines—keep clear payment terms and retain proof of required notices/waivers.

This page is general business guidance, not legal advice. Requirements can change—verify rules for your municipality and project type.

Example Pricing & Payment Terms (West Virginia)

Flat-Rate Example

Flat-Rate Replacement: Contractor will replace the condenser fan motor on the 4-ton split system at 501 Virginia St E, Charleston, for a fixed price of $535 plus applicable taxes/permit fees. Includes travel within 20 miles and standard disposal.

Time & Materials Example

Labor: $140/hour (first hour billable in full, then 30-min increments).
Materials: Cost + 25% handling.
Trip Fee: $80 per on-site visit (elevator/crane/roof access billed if required; mountain/rural mileage as listed in annex).

Deposits & Late Fees (Sample)

• Deposit: 30% on acceptance for projects over $3,000; balance due on completion.
• Late Fee: 1.5%/month (or the maximum allowed by law) on past-due balances over 15 days.

Maintenance Plan Addendum (West Virginia)

• Coverage: 2 tune-ups/year per covered system (spring cooling; fall heating) — optional mid-winter heat-pump performance check in higher elevations.
• Tasks: Coil cleaning as needed; condensate freeze-protection checks; electrical tighten; refrigerant check; boiler/burner safety checks where applicable; ERV/HRV filter & core inspection; rooftop safety protocols.
• Filters: Customer- or Contractor-supplied; sizes/intervals listed in annex.
• Priority: Plan members get priority scheduling and 10% labor discount on non-covered repairs.
• Exclusions: Non-maintenance repairs, code corrections, concealed defects, abuse, freeze/wind/hail/water damage unless otherwise stated.
• Term: 12 months; auto-renews unless canceled 30 days prior.

Copy-Ready Clause Examples

HVAC Technician Certification & Regulated Trades

Work requiring certification is performed by a West Virginia–certified HVAC technician or under required supervision. Contractor’s legal name and Certification/License No. WV-HVAC-{{your_number}} appear on this agreement and related communications. Licensed subcontractors will be used for electrical/plumbing/gas-piping where required.

Freeze/Snow/Ice, Floodplain & Rooftop Wind/Hail

Where required by code, manufacturer, or site conditions, equipment will include low-ambient/defrost controls, condensate freeze protection (heat-trace/aux pans/float switches) for cold-exposed installations, rooftop anchorage/curb adapters with vibration isolation and wind/hail guards, and elevated pads/stands in flood-prone areas. Work may be postponed during severe storms, snow/ice, flooding, or extreme-cold advisories for crew safety.

Change Orders

No change in scope, parts, or price is valid unless authorized by a written or electronic change order signed by both parties.

Cooling-Off (If Sold In-Home)

If this agreement was solicited and signed at Customer’s residence, Customer may have a three (3) business-day right to cancel. If applicable, a separate cancellation notice is attached explaining how to cancel and where to send notice.

Dispute Resolution & Venue

This agreement is governed by the laws of the State of West Virginia. Venue for any action lies in the county where the project is located, unless the parties agree otherwise in writing.

West Virginia HVAC Contract — FAQs