What if our job locations are municple bldg, police dept,fire dept, public parks. The head contractors are making us aware the job is pw and were not getting it.
1 reply
Oct 3, 2019
If you're curious about recovering prevailing wages for a job that required them (but didn't pay them), discussing the matter with your customer is probably a good step. While they may be reluctant to pay prevailing wages, the penalties for failing to pay prevailing wages are serious - and it's in everyone's best interest to correct the issue without the need for a legal dispute. And, if they're unwilling to make payment, as required, sending a demand letter might help.
If a customer is still unwilling to pay, as required, taking a more formal approach may be necessary.
Making a prevailing wage complaint
In situations where prevailing wages were required, but not paid - filing a wage claim may become necessary. This can be done directly with the Department of Labor and Workforce Development, and you can learn more about that option here: New Jersey Wage & Hour Compliance - File a Wage Claim.
If you're unsure of whether prevailing wage rates were paid, this should be a helpful resource: Current Prevailing Wage Rates by County.
Bond claims may be available, too
Generally, public works projects will have payment bonds present. And, potentially, the failure to provide prevailing wages might actually give rise to payment bond claim rights since they represent amounts owed but unpaid for work provided. Though, if work has been provided across multiple projects - a separate claim for payment would likely be necessary for each project.
Note also that the mere threat of proceeding with bond claims can be a helpful recovery tool, too. More on that here: Do I Need to Send a Notice of Intent Before Making a Construction Bond Claim?