Codes & Permits

Davis-Bacon Act

Federal law requiring contractors on federal construction projects to pay prevailing wages and benefits to laborers and mechanics.

The Davis-Bacon Act is a federal law (passed 1931) requiring contractors and subcontractors performing work on federally funded or federally assisted construction projects above $2,000 to pay laborers and mechanics no less than the locally prevailing wage and fringe benefits as determined by the U.S. Department of Labor. It applies to federal contracts and to state and local projects that receive federal funding.

Compliance includes weekly certified payroll submission (Form WH-347), apprentice ratio requirements, and posted notice of prevailing wage rates on site. Violations carry significant penalties including back-wage payment to workers, withheld payments, and debarment from future federal work. State-level "Little Davis-Bacon" laws apply similar requirements to state-funded projects in many states.

Frequently asked questions

What is the Davis-Bacon Act?+

A federal law requiring contractors on federally funded construction projects above $2,000 to pay prevailing wages and benefits to laborers and mechanics, with weekly certified payroll submission.

Does Davis-Bacon apply to private projects?+

Only if the project receives federal funding (HUD-funded housing, federally backed financing, etc.). Pure private projects without federal involvement are not subject to Davis-Bacon. Many states have their own "Little Davis-Bacon" laws covering state-funded projects.

How are prevailing wage rates determined?+

The U.S. Department of Labor publishes prevailing wage determinations by county and trade. Rates are based on surveys of typical wages and benefits paid in the area. Determinations are issued specifically for each project before bid solicitation.

Related terms