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Monday 11 February 2019

Common Issues With Prevailing Wage Contractors

By Thomas Rogers


The majority of federal projects come with numerous rules that must be followed. The failure to follow them might lead to some form of prosecution, and this necessitates the need for one to be properly informed. It is important to do thorough research to know all the issues and conditions that one must follow before taking such a contract. The following are some of the most common issues with prevailing wage contractors.

Notifications may fail to be given but that does not mean the law stops. This can involve the scenarios where a certain public body is mandated with the contracting of a public project. It is critical for the body to notify the contractor of their obligation regarding prevailing wages. However, this does not mean that the failure of such notifications being given excludes the contractor from observing the law. The public body will, however, take care of any penalties.

A subcontractor has the duty of making all the proper payments even when they have received little notification from the contractor. In the event that a certain company is given the subcontractor role and they have not been made aware of their duties, they have to ensure that they pay the workers properly. This is according to the prevailing rates law and any fines and interests will be handled by the contractor. The arrangements, however, should be clear.

Record keeping is crucial. It is always the duty of the contractor to have all the records regarding the project with them. Among such essential records are those pertaining to the payments of workers which are the certified payrolls. It is also required by law that the contractor or subcontractor makes a submission of such records to the public body that awarded the contract. Penalties can be in play where such a rule is not adhered to.

Falsified records can attract fines and debarments. The essence of submitting payroll records is for the proper auditing as well as the reconciliation of conflicts. This means that any intentional deeds to give improper information hamper the later processes. It is an offense which attracts a huge fine and the contractor will then be barred from bidding any public works. The punishment extends to a period of four years without a hearing option.

The submission and maintenance of a certified copy. This can include the scenario where the contractor makes a submission of the certified payroll and maintains a copy. They are still required to keep and maintain all other records regarding their project and they must submit such for inspection. This is mainly because a payroll only is insufficient to prove compliance with the law regarding the prevailing wage act.

County regulations and job site. The service provider has to post the prevailing wage rates for the area or county that they execute the project. This includes the location as well, and workers should be made wary of all the prevailing rates associated with the project.

The issue of union alliance and disassociation. Where the contractor does not take any alliance with a union they still have to abide by the law. The current rates need to be ensured by all contractors even the non-union allied kind.




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