Davis-Bacon
Reckless Misclassification under Davis-Bacon Creates False Claims Act Liability
July 16th, 2021
A US Court of Appeal has held that “reckless misclassification” of workers under Davis-Bacon can – due to amendments of the False Claims Act (FCA) in 2009 – can result in a contractor being liable under the FCA. And this liability could cover…
Read More
Read More
Change Orders – Be Clear on Intent
October 2nd, 2017
Just as clarity in contracting is a virtue, clarity with change orders is a must. Witness the dispute in an Ohio case, when the original and incorrect prevailing wage reference was revised via change order. The project was for renovation of housing u…
Read More
Read More
Computer Technician Was Doing “Construction Work” and Entitled to Prevailing Wages
August 3rd, 2017
A computer technician working onsite and testing HVAC components to ensure proper operation, to verify completion of a project, was performing “construction work” and thus entitled to be paid prevailing wages. So decided the Massachusetts Appeals…
Read More
Read More
Federal Court Rebukes US Dept. of Labor – Private Project on Publicly-Leased Land is Not Subject to Davis-Bacon Wage Rates
April 7th, 2016
Referring to the “novelty of the U.S. Department of Labor’s interpretation,” a federal Court of Appeal has held that construction of the CityCenterDC private development project is not subject to Davis-Bacon wage rates, even though the land…
Read More
Read More
About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.