{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4321.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4321.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4321.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4321.3.html"}],"law_id":56761,"edition_id":1,"section_id":56761,"structure_id":12805,"section_number":"2.2-4321.3","catch_line":"Payment of prevailing wage for work performed on public works contracts; penalty","history":"2020, cc. 1216, 1243; 2021, Sp. Sess. I, c. 549.","full_text":"A\n\nAs used in this section:\n\t\t\t“Locality” means any county, city, or town, school division, or other political subdivision.\n\t\t\t“Prevailing wage rate” means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding classes of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality in which the public facility or immovable property that is the subject of public works is located, as determined by the Commissioner of Labor and Industry on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended.\n\t\t\t“Public works” means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency or locality, including transportation infrastructure projects.\n\t\t\t“State agency” means any authority, board, department, instrumentality, institution, agency, or other unit of state government. “State agency” does not include any county, city, or town.B\n\nNotwithstanding any other provision of this chapter, each state agency, when procuring services or letting contracts for public works paid for in whole or in part by state funds, or when overseeing or administering such contracts for public works, shall ensure that its bid specifications or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. Each public contract for public works by a state agency shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.C\n\nNotwithstanding any other provision of this chapter, any locality may adopt an ordinance requiring that, when letting contracts for public works paid for in whole or in part by funds of the locality, or when overseeing or administering a public contract, its bid specifications, project agreements, or other public contracts applicable to the public works shall require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract at the prevailing wage rate. Each public contract of a locality that has adopted an ordinance described in this section shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.D\n\nAny contractor or subcontractor who employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract for public works for or on behalf of a state agency or for or on behalf of a locality that has adopted an ordinance described in subsection C or at a rate that is less than the prevailing wage rate (i) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent accruing from the date the wages were due; and (ii) shall be disqualified from bidding on public contracts with any public body until the contractor or subcontractor has made full restitution of the amount described in clause (i) owed to such individuals. A contractor or subcontractor who willfully violates this section is guilty of a Class 1 misdemeanor.E\n\nAny interested party, which shall include a bidder, offeror, contractor, or subcontractor, shall have standing to challenge any bid specification, project agreement, or other public contract for public works that violates the provisions of this section. Such interested party shall be entitled to injunctive relief to prevent any violation of this section. Any interested party bringing a successful action under this section shall be entitled to recover reasonable attorney fees and costs from the responsible party.F\n\nA representative of a state agency or a representative of a locality that has adopted an ordinance described in subsection C may contact the Commissioner of Labor and Industry, at least 10 but not more than 20 days prior to the date bids for such a public contract for public works will be advertised or solicited, to ascertain the proper prevailing wage rate for work to be performed under the public contract.G\n\nUpon the award of any public contract subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath, to the Commissioner of Labor and Industry the pay scale for each craft or trade employed on the project to be used by such contractor and any of the contractor’s subcontractors for work to be performed under such public contract. This certification shall, for each craft or trade employed on the project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third party fund, plan or program to which benefit payments will be made on behalf of employees.H\n\nEach employer subject to the provisions of this section shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each work day and week. The employer shall preserve these records for a minimum of six years and make such records available to the Department of Labor and Industry within 10 days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request.I\n\nContractors and subcontractors performing public works for a state agency or for a locality that has adopted an ordinance described in subsection C shall post the general prevailing wage rate for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within 10 days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry its compliance with this subsection.J\n\nThe provisions of this section shall not apply to any public contract for public works of $250,000 or less.","order_by":null,"text":{"0":{"id":207708,"text":"As used in this section:\n\t\t\t“Locality” means any county, city, or town, school division, or other political subdivision.\n\t\t\t“Prevailing wage rate” means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding classes of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality in which the public facility or immovable property that is the subject of public works is located, as determined by the Commissioner of Labor and Industry on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended.\n\t\t\t“Public works” means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency or locality, including transportation infrastructure projects.\n\t\t\t“State agency” means any authority, board, department, instrumentality, institution, agency, or other unit of state government. “State agency” does not include any county, city, or town.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207709,"text":"Notwithstanding any other provision of this chapter, each state agency, when procuring services or letting contracts for public works paid for in whole or in part by state funds, or when overseeing or administering such contracts for public works, shall ensure that its bid specifications or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. Each public contract for public works by a state agency shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207710,"text":"Notwithstanding any other provision of this chapter, any locality may adopt an ordinance requiring that, when letting contracts for public works paid for in whole or in part by funds of the locality, or when overseeing or administering a public contract, its bid specifications, project agreements, or other public contracts applicable to the public works shall require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract at the prevailing wage rate. Each public contract of a locality that has adopted an ordinance described in this section shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract shall be at a rate equal to the prevailing wage rate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207711,"text":"Any contractor or subcontractor who employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract for public works for or on behalf of a state agency or for or on behalf of a locality that has adopted an ordinance described in subsection C or at a rate that is less than the prevailing wage rate (i) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent accruing from the date the wages were due; and (ii) shall be disqualified from bidding on public contracts with any public body until the contractor or subcontractor has made full restitution of the amount described in clause (i) owed to such individuals. A contractor or subcontractor who willfully violates this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":207712,"text":"Any interested party, which shall include a bidder, offeror, contractor, or subcontractor, shall have standing to challenge any bid specification, project agreement, or other public contract for public works that violates the provisions of this section. Such interested party shall be entitled to injunctive relief to prevent any violation of this section. Any interested party bringing a successful action under this section shall be entitled to recover reasonable attorney fees and costs from the responsible party.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":207713,"text":"A representative of a state agency or a representative of a locality that has adopted an ordinance described in subsection C may contact the Commissioner of Labor and Industry, at least 10 but not more than 20 days prior to the date bids for such a public contract for public works will be advertised or solicited, to ascertain the proper prevailing wage rate for work to be performed under the public contract.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":207714,"text":"Upon the award of any public contract subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath, to the Commissioner of Labor and Industry the pay scale for each craft or trade employed on the project to be used by such contractor and any of the contractor’s subcontractors for work to be performed under such public contract. This certification shall, for each craft or trade employed on the project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third party fund, plan or program to which benefit payments will be made on behalf of employees.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":207715,"text":"Each employer subject to the provisions of this section shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each work day and week. The employer shall preserve these records for a minimum of six years and make such records available to the Department of Labor and Industry within 10 days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":207716,"text":"Contractors and subcontractors performing public works for a state agency or for a locality that has adopted an ordinance described in subsection C shall post the general prevailing wage rate for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within 10 days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry its compliance with this subsection.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":207717,"text":"The provisions of this section shall not apply to any public contract for public works of $250,000 or less.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":12805,"edition_id":1,"name":"Contract Formation and Administration","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":177013,"object_type":"structure","relational_id":12805,"identifier":"2","token":"2.2\/II\/B\/43\/2","url":"\/2.2\/II\/B\/43\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12752,"edition_id":1,"name":"Virginia Public Procurement Act","identifier":"43","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176989,"object_type":"structure","relational_id":12752,"identifier":"43","token":"2.2\/II\/B\/43","url":"\/2.2\/II\/B\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60713,"structure_id":12805,"section_number":"2.2-4303","catch_line":"Methods of procurement","url":"\/2.2-4303\/","token":"2.2\/II\/B\/43\/2\/2.2-4303","metadata":false},{"id":61675,"structure_id":12805,"section_number":"2.2-4303.01","catch_line":"High-risk contracts; definition; review","url":"\/2.2-4303.01\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.01","metadata":false},{"id":63722,"structure_id":12805,"section_number":"2.2-4303.1","catch_line":"Architectural and professional engineering term contracting; limitations","url":"\/2.2-4303.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.1","metadata":false},{"id":54690,"structure_id":12805,"section_number":"2.2-4303.2","catch_line":"Job order contracting; limitations","url":"\/2.2-4303.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.2","metadata":false},{"id":60269,"structure_id":12805,"section_number":"2.2-4304","catch_line":"Joint and cooperative procurement","url":"\/2.2-4304\/","token":"2.2\/II\/B\/43\/2\/2.2-4304","metadata":false},{"id":67205,"structure_id":12805,"section_number":"2.2-4305","catch_line":"Competitive procurement by localities on state-aid projects","url":"\/2.2-4305\/","token":"2.2\/II\/B\/43\/2\/2.2-4305","metadata":false},{"id":85651,"structure_id":12805,"section_number":"2.2-4306","catch_line":"Repealed","url":"\/2.2-4306\/","token":"2.2\/II\/B\/43\/2\/2.2-4306","metadata":false},{"id":80442,"structure_id":12805,"section_number":"2.2-4308.1","catch_line":"Purchase of owner-controlled insurance in construction projects","url":"\/2.2-4308.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4308.1","metadata":false},{"id":77240,"structure_id":12805,"section_number":"2.2-4308.2","catch_line":"Registration and use of federal employment eligibility verification program required; 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applicability","url":"\/2.2-4328\/","token":"2.2\/II\/B\/43\/2\/2.2-4328","metadata":false},{"id":73628,"structure_id":12805,"section_number":"2.2-4328.1","catch_line":"Preference for energy-efficient and water-efficient goods","url":"\/2.2-4328.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.1","metadata":false},{"id":63397,"structure_id":12805,"section_number":"2.2-4328.2","catch_line":"Purchase of personal protective equipment by state agencies","url":"\/2.2-4328.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.2","metadata":false},{"id":81072,"structure_id":12805,"section_number":"2.2-4328.3","catch_line":"Solar photovoltaic equipment and facilities","url":"\/2.2-4328.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.3","metadata":false},{"id":64067,"structure_id":12805,"section_number":"2.2-4329","catch_line":"Expired","url":"\/2.2-4329\/","token":"2.2\/II\/B\/43\/2\/2.2-4329","metadata":false},{"id":72432,"structure_id":12805,"section_number":"2.2-4329.1","catch_line":"Energy forward pricing mechanisms","url":"\/2.2-4329.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4329.1","metadata":false},{"id":73315,"structure_id":12805,"section_number":"2.2-4330","catch_line":"Withdrawal of bid due to error","url":"\/2.2-4330\/","token":"2.2\/II\/B\/43\/2\/2.2-4330","metadata":false},{"id":66024,"structure_id":12805,"section_number":"2.2-4331","catch_line":"Contract pricing arrangements","url":"\/2.2-4331\/","token":"2.2\/II\/B\/43\/2\/2.2-4331","metadata":false},{"id":86314,"structure_id":12805,"section_number":"2.2-4332","catch_line":"Workers' compensation requirements for construction contractors and subcontractors","url":"\/2.2-4332\/","token":"2.2\/II\/B\/43\/2\/2.2-4332","metadata":false},{"id":53971,"structure_id":12805,"section_number":"2.2-4333","catch_line":"Retainage on construction contracts","url":"\/2.2-4333\/","token":"2.2\/II\/B\/43\/2\/2.2-4333","metadata":false},{"id":68826,"structure_id":12805,"section_number":"2.2-4334","catch_line":"Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete","url":"\/2.2-4334\/","token":"2.2\/II\/B\/43\/2\/2.2-4334","metadata":false},{"id":84415,"structure_id":12805,"section_number":"2.2-4335","catch_line":"Public construction contract provisions barring damages for unreasonable delays declared void","url":"\/2.2-4335\/","token":"2.2\/II\/B\/43\/2\/2.2-4335","metadata":false},{"id":55647,"structure_id":12805,"section_number":"2.2-4336","catch_line":"Bid bonds; construction contracts","url":"\/2.2-4336\/","token":"2.2\/II\/B\/43\/2\/2.2-4336","metadata":false},{"id":79610,"structure_id":12805,"section_number":"2.2-4337","catch_line":"Performance and payment bonds","url":"\/2.2-4337\/","token":"2.2\/II\/B\/43\/2\/2.2-4337","metadata":false},{"id":86516,"structure_id":12805,"section_number":"2.2-4338","catch_line":"Alternative forms of security","url":"\/2.2-4338\/","token":"2.2\/II\/B\/43\/2\/2.2-4338","metadata":false},{"id":66839,"structure_id":12805,"section_number":"2.2-4339","catch_line":"Bonds on other than construction contracts","url":"\/2.2-4339\/","token":"2.2\/II\/B\/43\/2\/2.2-4339","metadata":false},{"id":54251,"structure_id":12805,"section_number":"2.2-4340","catch_line":"Action on performance bond","url":"\/2.2-4340\/","token":"2.2\/II\/B\/43\/2\/2.2-4340","metadata":false},{"id":65780,"structure_id":12805,"section_number":"2.2-4340.1","catch_line":"Statute of limitations on construction contracts","url":"\/2.2-4340.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.1","metadata":false},{"id":85767,"structure_id":12805,"section_number":"2.2-4340.2","catch_line":"Statute of limitations on architectural and engineering contracts","url":"\/2.2-4340.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.2","metadata":false},{"id":56940,"structure_id":12805,"section_number":"2.2-4341","catch_line":"Actions on payment bonds; waiver of right to sue","url":"\/2.2-4341\/","token":"2.2\/II\/B\/43\/2\/2.2-4341","metadata":false},{"id":71233,"structure_id":12805,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","url":"\/2.2-4342\/","token":"2.2\/II\/B\/43\/2\/2.2-4342","metadata":false}],"previous_section":{"id":74446,"structure_id":12805,"section_number":"2.2-4321.2","catch_line":"Public works contracts; project labor agreements authorized","url":"\/2.2-4321.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.2","metadata":false},"next_section":{"id":79921,"structure_id":12805,"section_number":"2.2-4322","catch_line":"Acceptance of bids submitted to the Department of Transportation","url":"\/2.2-4322\/","token":"2.2\/II\/B\/43\/2\/2.2-4322","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4321.3\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1216<\/a> and 1243<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":63744,"section_number":"40.1-6","catch_line":"Powers and duties of Commissioner","order_by":null,"url":"\/40.1-6\/"}],"refers_to":false,"permalink":{"id":177139,"object_type":"law","relational_id":56761,"identifier":"2.2-4321.3","token":"2.2\/II\/B\/43\/2\/2.2-4321.3","url":"\/2.2-4321.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4321.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.3","dublin_core":{"Title":"Payment of prevailing wage for work performed on public works contracts; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4321.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Locality<\/span>” means any county, city, or town, school division, or other political subdivision.\n\t\t\t“Prevailing wage rate<\/span>” means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding classes of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality<\/span> in which the public facility or immovable property that is the subject of public works<\/span> is located, as determined by the Commissioner of Labor and Industry on the basis of applicable prevailing wage rate<\/span> determinations made by the U.S. Secretary of Labor under the provisions of the Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended.\n\t\t\t“Public works<\/span>” means the operation, erection, construction<\/span>, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency<\/span> or locality<\/span>, including transportation infrastructure projects.\n\t\t\t“State agency<\/span>” means any authority, board, department, instrumentality, institution, agency, or other unit of state government. “State agency<\/span>” does not include any county, city, or town. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of this chapter, each state agency<\/span>, when procuring services<\/span> or letting contracts for public works<\/span> paid for in whole or in part by state funds, or when overseeing or administering such contracts for public works<\/span>, shall ensure that its bid specifications or other public contracts<\/span> applicable to the public works<\/span> require bidders, offerors<\/span>, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services<\/span> in connection with the public contract<\/span> for public works<\/span> at the prevailing wage rate<\/span>. Each public contract<\/span> for public works<\/span> by a state agency<\/span> shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract<\/span> shall be at a rate equal to the prevailing wage rate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of this chapter, any locality<\/span> may adopt an ordinance<\/span> requiring that, when letting contracts for public works<\/span> paid for in whole or in part by funds of the locality<\/span>, or when overseeing or administering a public contract<\/span>, its bid specifications, project agreements, or other public contracts<\/span> applicable to the public works<\/span> shall require bidders, offerors<\/span>, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services<\/span> in connection with the public contract<\/span> at the prevailing wage rate<\/span>. Each public contract<\/span> of a locality<\/span> that has adopted an ordinance<\/span> described in this section shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done under the public contract<\/span> shall be at a rate equal to the prevailing wage rate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any contractor or subcontractor who employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract<\/span> for public works<\/span> for or on behalf of a state agency<\/span> or for or on behalf of a locality<\/span> that has adopted an ordinance<\/span> described in subsection C or at a rate that is less than the prevailing wage rate<\/span> (i) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight percent accruing from the date the wages were due; and (ii) shall be disqualified from bidding on public contracts<\/span> with any public body<\/span> until the contractor or subcontractor has made full restitution<\/span> of the amount described in clause (i) owed to such individuals. A contractor or subcontractor who willfully violates this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any interested party<\/span>, which shall include a bidder, offeror<\/span>, contractor, or subcontractor, shall have standing to challenge any bid specification, project agreement, or other public contract<\/span> for public works<\/span> that violates the provisions of this section. Such interested party<\/span> shall be entitled to injunctive relief to prevent any violation of this section. Any interested party<\/span> bringing a successful action under this section shall be entitled to recover reasonable attorney fees and costs from the responsible party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A representative of a state agency<\/span> or a representative of a locality<\/span> that has adopted an ordinance<\/span> described in subsection C may contact the Commissioner of Labor and Industry, at least 10 but not more than 20 days prior to the date bids for such a public contract<\/span> for public works<\/span> will be advertised or solicited, to ascertain the proper prevailing wage rate<\/span> for work to be performed under the public contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon the award of any public contract<\/span> subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath<\/span>, to the Commissioner of Labor and Industry the pay scale for each craft or trade employed on the project to be used by such contractor and any of the contractor’s subcontractors for work to be performed under such public contract<\/span>. This certification shall, for each craft or trade employed on the project, specify the total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third party<\/span> fund, plan or program to which benefit payments will be made on behalf of employees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Each employer subject to the provisions of this section shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works<\/span> project is employed during each work day and week. The employer shall preserve these records for a minimum of six years and make such records available to the Department of Labor and Industry within 10 days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Contractors and subcontractors performing public works<\/span> for a state agency<\/span> or for a locality<\/span> that has adopted an ordinance<\/span> described in subsection C shall post the general prevailing wage rate<\/span> for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within 10 days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry its compliance with this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The provisions of this section shall not apply to any public contract<\/span> for public works<\/span> of $250,000 or less. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OF PREVAILING WAGE FOR WORK PERFORMED ON PUBLIC WORKS CONTRACTS; PENALTY\n(\u00a7 2.2-4321.3)\n\nA. As used in this section:\n\t\t\t“Locality” means any county, city, or town, school division, or\nother political subdivision.\n\t\t\t“Prevailing wage rate” means the rate, amount, or level of wages,\nsalaries, benefits, and other remuneration prevailing for the corresponding\nclasses of mechanics, laborers, or workers employed for the same work in the\nsame trade or occupation in the locality in which the public facility or\nimmovable property that is the subject of public works is located, as determined\nby the Commissioner of Labor and Industry on the basis of applicable prevailing\nwage rate determinations made by the U.S. Secretary of Labor under the\nprovisions of the Davis-Bacon Act, 40 U.S.C. § 276 et seq., as amended.\n\t\t\t“Public works” means the operation, erection, construction,\nalteration, improvement, maintenance, or repair of any public facility or\nimmovable property owned, used, or leased by a state agency or locality,\nincluding transportation infrastructure projects.\n\t\t\t“State agency” means any authority, board, department,\ninstrumentality, institution, agency, or other unit of state government.\n“State agency” does not include any county, city, or town.\n\nB. Notwithstanding any other provision of this chapter, each state agency, when\nprocuring services or letting contracts for public works paid for in whole or in\npart by state funds, or when overseeing or administering such contracts for\npublic works, shall ensure that its bid specifications or other public contracts\napplicable to the public works require bidders, offerors, contractors, and\nsubcontractors to pay wages, salaries, benefits, and other remuneration to any\nmechanic, laborer, or worker employed, retained, or otherwise hired to perform\nservices in connection with the public contract for public works at the\nprevailing wage rate. Each public contract for public works by a state agency\nshall contain a provision requiring that the remuneration to any individual\nperforming the work of any mechanic, laborer, or worker on the work contracted\nto be done under the public contract shall be at a rate equal to the prevailing\nwage rate.\n\nC. Notwithstanding any other provision of this chapter, any locality may adopt\nan ordinance requiring that, when letting contracts for public works paid for in\nwhole or in part by funds of the locality, or when overseeing or administering a\npublic contract, its bid specifications, project agreements, or other public\ncontracts applicable to the public works shall require bidders, offerors,\ncontractors, and subcontractors to pay wages, salaries, benefits, and other\nremuneration to any mechanic, laborer, or worker employed, retained, or\notherwise hired to perform services in connection with the public contract at\nthe prevailing wage rate. Each public contract of a locality that has adopted an\nordinance described in this section shall contain a provision requiring that the\nremuneration to any individual performing the work of any mechanic, laborer, or\nworker on the work contracted to be done under the public contract shall be at a\nrate equal to the prevailing wage rate.\n\nD. Any contractor or subcontractor who employs any mechanic, laborer, or worker\nto perform work contracted to be done under the public contract for public works\nfor or on behalf of a state agency or for or on behalf of a locality that has\nadopted an ordinance described in subsection C or at a rate that is less than\nthe prevailing wage rate (i) shall be liable to such individuals for the payment\nof all wages due, plus interest at an annual rate of eight percent accruing from\nthe date the wages were due; and (ii) shall be disqualified from bidding on\npublic contracts with any public body until the contractor or subcontractor has\nmade full restitution of the amount described in clause (i) owed to such\nindividuals. A contractor or subcontractor who willfully violates this section\nis guilty of a Class 1 misdemeanor.\n\nE. Any interested party, which shall include a bidder, offeror, contractor, or\nsubcontractor, shall have standing to challenge any bid specification, project\nagreement, or other public contract for public works that violates the\nprovisions of this section. Such interested party shall be entitled to\ninjunctive relief to prevent any violation of this section. Any interested party\nbringing a successful action under this section shall be entitled to recover\nreasonable attorney fees and costs from the responsible party.\n\nF. A representative of a state agency or a representative of a locality that has\nadopted an ordinance described in subsection C may contact the Commissioner of\nLabor and Industry, at least 10 but not more than 20 days prior to the date bids\nfor such a public contract for public works will be advertised or solicited, to\nascertain the proper prevailing wage rate for work to be performed under the\npublic contract.\n\nG. Upon the award of any public contract subject to the provisions of this\nsection, the contractor to whom such contract is awarded shall certify, under\noath, to the Commissioner of Labor and Industry the pay scale for each craft or\ntrade employed on the project to be used by such contractor and any of the\ncontractor’s subcontractors for work to be performed under such public\ncontract. This certification shall, for each craft or trade employed on the\nproject, specify the total hourly amount to be paid to employees, including\nwages and applicable fringe benefits, provide an itemization of the amount paid\nin wages and each applicable benefit, and list the names and addresses of any\nthird party fund, plan or program to which benefit payments will be made on\nbehalf of employees.\n\nH. Each employer subject to the provisions of this section shall keep, maintain,\nand preserve (i) records relating to the wages paid to and hours worked by each\nindividual performing the work of any mechanic, laborer, or worker and (ii) a\nschedule of the occupation or work classification at which each individual\nperforming the work of any mechanic, laborer, or worker on the public works\nproject is employed during each work day and week. The employer shall preserve\nthese records for a minimum of six years and make such records available to the\nDepartment of Labor and Industry within 10 days of a request and shall certify\nthat records reflect the actual hours worked and the amount paid to its workers\nfor whatever time period they request.\n\nI. Contractors and subcontractors performing public works for a state agency or\nfor a locality that has adopted an ordinance described in subsection C shall\npost the general prevailing wage rate for each craft and classification\ninvolved, as determined by the Commissioner of Labor and Industry, including the\neffective date of any changes thereof, in prominent and easily accessible places\nat the site of the work or at any such places as are used by the contractor or\nsubcontractors to pay workers their wages. Within 10 days of such posting, a\ncontractor or subcontractor shall certify to the Commissioner of Labor and\nIndustry its compliance with this subsection.\n\nJ. The provisions of this section shall not apply to any public contract for\npublic works of $250,000 or less.\n\nHISTORY: 2020, cc. 1216, 1243; 2021, Sp. Sess. I, c. 549.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}