US Lawyer Database

18-2-422. Bid specification and public works contract to contain standard prevailing wage rate and payroll record notification

18-2-422. Bid specification and public works contract to contain standard prevailing wage rate and payroll record notification. All public works contracts and the bid specifications for those contracts must contain: (1) a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, that the contractors and employers shall pay during construction of the […]

18-2-423. Submission of payroll records

18-2-423. Submission of payroll records. If a complaint is filed with the department alleging noncompliance with 18-2-422, the department may require the project to submit to it certified copies of the payroll records for workers employed on that project. A contractor or a subcontractor shall pay employees receiving an hourly wage on a weekly basis. If […]

18-2-424. Enforcement

18-2-424. Enforcement. If a contractor or a subcontractor refuses to submit payroll records requested by the department pursuant to 18-2-423, the commissioner or the commissioner’s authorized representative may issue subpoenas compelling the production of those records. History: En. Sec. 6, Ch. 139, L. 1981; amd. Sec. 225, Ch. 56, L. 2009.

18-2-425. Prohibition — project labor agreement

18-2-425. Prohibition — project labor agreement. (1) Except as otherwise provided in this chapter, the state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair, or improvement of public works execute […]

18-2-431. Rulemaking authority

18-2-431. Rulemaking authority. The commissioner may adopt rules necessary to implement this part. History: En. Sec. 1, Ch. 234, L. 1985.

18-2-432. Penalty for violation

18-2-432. Penalty for violation. (1) (a) If a person, firm, or corporation fails to comply with the provisions of this part, the state, county, municipality, school district, or officer of a political subdivision that executed the public works contract shall retain $1,000 of the contract price as liquidated damages for the violation of the terms of the […]

18-2-417. Wage rate adjustments for multiyear contracts

18-2-417. Wage rate adjustments for multiyear contracts. (1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The […]

18-2-402. Standard prevailing rate of wages

18-2-402. Standard prevailing rate of wages. (1) The commissioner may determine the standard prevailing rate of wages, including fringe benefits, applicable to public works contracts under this part. The commissioner shall keep and maintain copies of collective bargaining agreements and other information on which the rates are based. (2) The provisions of this part do not apply […]

18-2-418. Wage rates based on project classification

18-2-418. Wage rates based on project classification. (1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade […]