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.
Practiced construction law in Rochester, New York for over 35 years
Advises contractors, subcontractors, and project owners in prevailing wage compliance, and has represented contractors and subcontractors in numerous prevailing wage enforcement proceedings brought by the New York State Department of Labor
Successfully challenged prevailing wage determinations in New York’s highest courts, including the New York State Court of Appeals, where he defeated a Labor Department effort to expand the law’s coverage into areas of privately funded work
Frequently lectures on the prevailing wage law and other construction law topics
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