Construction: Pre-Construction Remedial

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COMMONLY ASKED QUESTIONS (Continued) 81 9) When are new rates determined? How long are thekeffective? Prevailing wage rates are determined once each year by the Commissioner of the Bureau of Labor and Industries. The Commissioner may amend the rates at any time. The rates are usually amended at least once each year. The rates in effect at the time the bid specifications are first advertised are those that apply for the duration of the contract, with one exception. If during the bidding process the prevailing wage rate changes, the public contracting agency (not the contractor) has the option of amending the bid specifications to reflect such changes. How do I{Los.t Qrevailing wage rates? Every contractor or subcontractor employing workers on a public works project is required to post the applicable prevailing wage rates in a conspicuous and accessible place in or about the work-site. Rates need to be posted for the duration of the job. Contractors and subcontractors who intentionally fail to post the PWR can be made ineligible to receive any public works contract for up to three years. 10) What can I do about a contractor who is not com~lying with Oregon's PWR law~ File a complaint with the nearest office of the Oregon Bureau of Labor and Industries (see list of offices on page 11, or contact the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St. # 32, Portland, Oregon 97232 (503-731-40741. You may also complain to the contracting agency, which has the contractual authority to pay PWR claims directly to a contractor's or subcontractor's workers (ORS 279.314). 1 1) What ha~pens to contractors who do not comply with PWR statutes? Contractors and subcontractors who pay less than the prevailing wage rates may be liable to the workers affected for the amount found due plus an equal amount as liquidated damages (0RS 279.356). Also, the law now provides for a civil penalty of up to $5,000 for any violations of the prevailing wage rate laws, including ORS 279.348 to 279.380 and the prevailing wage rate administrative rules pursuant to those statutes. Contracting agencies have the contractual authority to withhold payments due or to be due to the contractor or subcontractor in order to pay the unpaid prevailing wages directly to the worker (ORS 279.314). Contractors and subcontractors who intentionally refuse to pay the prevailing wage rate to workers employed on public works or to post the PWR on the job site may be determined to be ineligible to receive any public works contracts for a period of up to three years (ORS 279.361). Workers employed by the contractor or subcontractors have a right of action against the surety of the prime contractor for any unpaid prevailing wages. A list is kept of all contractors, subcontractors, and other persons ineligible to receive public works contracts and subcontracts. When a contractor or subcontractor is a corporation, the individual officers and agents of the corporation can be debarred in addition to the corporation. As a result, individuals who intentionally fail to pay or post the PWR are prevented from simply moving from one corporation to another. In addition, ORS 279.073, provides that any person that loses a competitive bid for a construction contract may bring an action for damages against the person who is awarded the contract, if the losing bidder can establish that the winner has knowingly violated any one of several laws, inctuding the requirement to pay prevailing wage rates while performing work under the contract. The losing bidder is entitled to recover, as liquidated damages, 10% of the losing bid amo~nt, or S5,000, whichever is greater, plus reasonable attorney fees. ~~~~ v , ,o~-r ce~c ~