White Paper

5 Pages
  • 5 Pages

Prevailing Wage Law Administration

 

Learn why most of the administrative onus falls on the prime contractor and its subcontractors.

Although the prevailing wage law imposes some responsibilities on the public agency that serves as owner of a public works project, most of the administrative onus falls on the prime contractor and its subcontractors. Initially, the public owner is responsible for notifying BPW or the NYC Comptroller of new public work projects before they are advertised for bid, identifying the trade classifications that will be relevant to the project, so that the BPW or Comptroller can make a proper classification of workers, and produce an appropriate Prevailing Rate Schedule. Most public agencies who are accustomed to the law do include appropriate notices and copies of the appropriate PRS in their bid documents. However, such a public owner suffers no adverse consequences if it fails to do so, and whether the owner fulfills its obligation or not, the contractors and subcontractors who perform work on a public works project remain liable for compliance with the prevailing wage law. This white paper will review notice requirements, certified payrolls, and subcontractor verifications that contracts should make sure they are aware of to avoid liability issues.

Agenda

Faculty

Anthony J. Adams, Jr.

Anthony J. Adams, Jr.

Adams Leclair LLP, Attorneys

  • Founding partner of Adams + Leclair
  • In private practice since 1983, following a clerkship with NY Supreme Court Justice David O. Boehm
  • Construction law (contracts, disputes, public work, labor, risk management)
  • Commercial and fiduciary litigation
  • Trusts & estates, corporate, and land use disputes
  • Court & Arbitration Work:
  • Practices in NY state and federal courts, including appellate level
  • Successfully argued 3 major cases before the NY Court of Appeals
  • Arbitrator for the American Arbitration Association
  • Represents clients before NYS Department of Labor and NLRB
  • Named Lawyer of the Year multiple times by Best Lawyers in America®
  • Recognized for excellence in construction and commercial litigation
  • Repeatedly selected to Super Lawyers
  • Professional Affiliations: ABA (Forum on Construction Law), NYS and Monroe County Bar, Associations, Construction Exchange of Buffalo & WNY, Associated General Contractors, NY Chapter

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