Am I off base with this situation

[sparky 134]

I was hired to perform a tenant buildout by a GC. The space is being built for a VA office. The GC was hired by the landlord.

I am a non-union contractor. This is not a union vs. non-union discussion by any means. The local BA stopped by and threatened to picket the project and then sent the GC a fax informing them that prevailing wage will be paid on this project by the GC and all subcontractors. The GC called me to ask if I had received the same fax.

GC says, "It's not that big of a hassle. You just need to provide certified payroll for your employees."

I said, "I didn't know this was a prevailing wage project."

GC says (with a chuckle), "How could you not know ? The tenant is the VA Administration."

I said, "No one informed me during the bidding process that this was prevailing wage."

So now I'm at odds with the GC over paying prevailing wage. Had I known I would have used a higher labor rate.

 

[masterinbama]

Contact the department of labor. For the most part (around here anyway) if the government is not the one directly paying for the work prevailing wage does not apply.

 

[hurk27]

I was hired to perform a tenant buildout by a GC. The space is being built for a VA office. The GC was hired by the landlord.
I am a non-union contractor. This is not a union vs. non-union discussion by any means. The local BA stopped by and threatened to picket the project and then sent the GC a fax informing them that prevailing wage will be paid on this project by the GC and all subcontractors. The GC called me to ask if I had received the same fax.

GC says, "It's not that big of a hassle. You just need to provide certified payroll for your employees."

I said, "I didn't know this was a prevailing wage project."

GC says (with a chuckle), "How could you not know ? The tenant is the VA Administration."

I said, "No one informed me during the bidding process that this was prevailing wage."

So now I'm at odds with the GC over paying prevailing wage. Had I known I would have used a higher labor rate.

The tenant has nothing to do with this, as you said, "The GC was hired by the landlord" talk to your attorney, a owner of a building is not under the obligations of a tenant unless the tenant is paying for the work preformed.

yes it is borderline, because we know in the end the tenant still pays, but might be a way out. but talk to an attorney first. don't take the loss.

 

[resistance]

The GC should have told you. This shouldn't have been a guessing game!! Yet, it does sound like a Prevail job--based on what you said:

The space is being built for a VA office////
The tenant is the VA Administration

I've only bided on one Government contract, and trust me, it was spelled-out that it was a prevailing wage job.

 

[Power Tech]

The GC should have told you. This shouldn't have been a guessing game!! Yet, it does sound like a Prevail job--based on what you said: I've only bided on one Government contract, and trust me, it was spelled-out that it was a prevailing wage job.

There should not be "you should have known". You know what's right.

Challenge it.

You can never cheat an honest man.

 

[mcclary's electrical]

Call me a dumba**, but I was put into the EXACT SAME situation about 6 months ago, and I eventually trusted the GC and signed the lien waiver. But I've been doing this GC's work for years, so I felt I could trust him.

 

[satcom]

This sounds simple just look at the signed contract you have with the GC it should all be there in writing, no problem, now don't tell us you don't have a written contract.

 

[iMuse97]

I'd sit on the front porch of the owner's house for that kind of money. :grin: Seriously, its time to suggest you're own paperwork.

 

[resistance]

This sounds simple just look at the signed contract you have with the GC it should all be there in writing, no problem, now don't tell us you don't have a written contract.

Exactly!!! It's normally spelled-out. If it wasn't, then a new contract needs to come into play. If they aren't willing, then sometimes we need to make stuff decisions!

 

[resistance]

There should not be "you should have known". You know what's right.

Challenge it.

You can never cheat an honest man.

??????????????????????????????Lost me!!! Why do have me in Quote.

 

[Power Tech]

??????????????????????????????Lost me!!! Why do have me in Quote.

It should not be a guessing game.

I'm still learning with the controls. I am a slow learner, persistent though.

Be patient, I don't know sh*t.

 

[bradleyelectric]

What do the specs say?

 

[LarryFine]

... I don't know sh*t.

You mean Jack?

 

[sparky 134]

What do the specs say?

No specs, nothing in the prints about prevailing wage.

 

[bradleyelectric]

No specs, nothing in the prints about prevailing wage.

You need to find out where it says you need to provide certified payroll or Davis Bacon wages. This is supposed to be part of the bid documents. You should have known is not a valid response from the GC. Either the documents exist or it is not required. The wage sheet will specify exactly what is to be paid to whom broken down by base and package. If anyone is on the job it is supposed to be posted.

 

[satcom]

No specs, nothing in the prints about prevailing wage.

forget the prints and specs, it's the contract that you have with the GC that will disclose all the information, what does the contract say?

 

[bradleyelectric]

forget the prints and specs, it's the contract that you have with the GC that will disclose all the information, what does the contract say?

what he said. If your contract does not say you need to provide certified payroll, but his does he will be responsible for certifying your payroll. The contract may say plans and specs are contract documents.

 

[12345rsmith]

You should be very careful about using standard "contract" thinking if the federal government is involved. Many of the requirements are statutes, and apply whether they are in a contract or not.

For instance, if the contracting officer gives you a signed change order to do "xyz" work, but it is latter determined that he did not have the authority to issue this work, guess who is out their money. That's right courts have determined that you the contractor are supposed to know what the bounds of authority are for the contracting officer.

If the GC holds your pay, you will never be able to afford the lawyer. But I would still first ask to see where the Davis-Bacon act application is coming from.

 

[sparky 134]

A few updates. I spoke with the GC last night and asked him if he contracted with the landlord or the VA for the project. He doesn't have a contract with either party. Strange.....

He did tell me the VA required him to supply a Performance Bond in order to receive periodic payouts on the project.

I suggested to the GC that he contact the landlord and ask him if he (the landlord) has a signed contract with the VA.

I told the GC I find it strange that the VA Admin. is going to hire someone for a project without a signed contract, certificates of insurance, bonds, subcontractor lists, etc.

 

[Pierre C Belarge]

sparky 134
I am not an expert on this topic, but have heard many tales.
I believe that the person making the payroll is responsible for his own employees.

The only way you may be able to see daylight here, is whether or not he provided you with a set of specifications. That is where you would have read about the prevailing wage issue.
It sounds like you may be the sub of a sub. Contact an attorney. If you are on the hook, it could get ugly.