Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.141 - OBLIGATIONS OF PARTIES REGARDING THE PAYMENT OF PREVAILING WAGES

Current through Register Vol. 13, July 5, 2024
(1) Montana law requires payment of the
				standard prevailing rate of wages on public works contracts. Public contracting
				agencies, contractors, and subcontractors and employers each have a role in
				complying with the prevailing wage laws.
(2) Assistance in determining the nature of
				public works projects and whether heavy, highway or building construction
				prevailing wage rates apply, can be obtained through the office of the
				Commissioner of Labor and Industry. Any determination or assistance provided by
				the commissioner's office is based solely on the facts as presented to the
				commissioner in the specific request for assistance.
(3) Pursuant to
				18-2-422,
				MCA, a public contracting agency is obligated to include in its bid
				specifications and public works contracts a provision that the contractors,
				subcontractors and employers must pay the standard prevailing rate of wages in
				the performance of the public works contract, and specify what those rates are.
				As provided in
				18-2-403,
				MCA, the failure of the public contracting agency to include such provisions
				subjects the public contracting agency to liability for any underpaid wages
				owed by any contractor, subcontractor or employer for the performance of the
				public works contract.
(4) Pursuant
				to
				18-2-403,
				MCA, if the public contracting agency includes the required provisions
				regarding payment of the standard prevailing rate of wages, the contractor,
				subcontractor or employer that signs the contract with the public contracting
				agency is obligated to ensure that the appropriate standard prevailing rate of
				wages is paid to each employee performing construction services in performance
				of the public works contract, and is liable for any underpaid wages or fringe
				benefits.
(5) As provided in
				18-2-406,
				MCA, each contractor, subcontractor or employer must post the wage scale to be
				paid for work done in performance of the public works contract in a prominent
				and accessible site on the project or work area from the first day of work and
				continued for the duration of the project. Failure to pay at least the standard
				prevailing rate of wages subjects each contractor, subcontractor or employer to
				penalties and fees as provided by law.
(6) In order to ensure compliance with
				Montana's prevailing wage laws, public contracting agencies, contractors,
				subcontractors and employers may enter into contractual agreements that specify
				that each contractor, subcontractor or employer working on the public works
				contract has an obligation to ensure that any person, firm or entity performing
				any portion of the public works contract for which the contractor,
				subcontractor or employer is responsible, is paid the applicable standard
				prevailing rate of wages. The terms of the contract may include a provision for
				the indemnification of a party that is required to pay underpaid wages on
				behalf of any other person, firm or entity that failed to properly pay the
				required prevailing wage.
(7) The
				failure of a contractor, subcontractor or employer to comply with the
				provisions of
				18-2-412,
				MCA, regarding the acceptable alternative methods of paying the standard
				prevailing rate of wages, may subject that party to penalties as provided by
				law and damages or obligations as specified by contract.
18-2-431,
					 MCA; IMP,
					 18-2-403,
					 18-2-406,
					 18-2-407,
					 18-2-412,
					 and
					 18-2-422,
					 MCA;