Menu
Home>Levelset Community>Legal Help>State of California Civil Wage & Penalty Assessment - Liquidated Damages

State of California Civil Wage & Penalty Assessment - Liquidated Damages

CaliforniaConstruction ContractNotice of CompletionPayment DisputesPreliminary NoticePrevailing Wages

If the DLSE sends out the civil wage & penalty assessment (CWPA) of the subcontractor in regards to the completed project, how the prime takes an action to avoid any liability on this? If the prime/subcontractor does not respond to the state within 60 days, then the final assessment will be double with the liquidated damages? The liquidated damage is only the amount counted for unpaid wages? or for full amount of assessment? After depositing the liquidated damages within 60 days, then can the prime exercise the discretion to waive the liquidated damages and get refunded the liquidated damage later? and can the prime avert the liability of the case entirely? or still the prime will be liable on this subcontractor's CWPA? In regards to the limited prime contractor safe harbor, what if the prime fails to obtain the signed affidavit of compliance while complying other three requirements (e.g. contract executed the provisions, monitoring CPRs and taking action to rectify after being aware of subcontractor’s underpayment)? Still the prime exercise this clause to protect its side? In the settlement meeting, can the prime negotiate with the labor commissioner to avert any liability on the case entirely, at least complete the complete in the prime's side by paying the unpaid wages due? I appreciate if you answer my inquires promptly with detailed info.. Thank you

0 replies