FORGE/GLOSSARY/DAVIS-BACON ACT
.Glossary — davis-bacon act

What is the Davis-Bacon Act?

A 1931 federal law that sets the floor for what you have to pay your crew on federally funded construction — and the source of the prevailing-wage and certified-payroll burden every commercial contractor already lives with.

ENTRY
Davis-Bacon Act
LAST REVIEWED · JUNE 6, 2026

The Davis-Bacon Act is a 1931 federal law that requires contractors and subcontractors on federally funded or federally assisted construction contracts over $2,000 to pay their laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. It is the original source of nearly everything a commercial contractor means when they say "prevailing wage," "wage determination," "WH-347," or "certified payroll."

Strip away the acronyms and the law does one thing: it sets a floor on what you pay your crew on public work, and it makes you prove — on paper, every week, under penalty of federal perjury — that you actually paid it. The Act itself is short. The compliance machinery it spawned over ninety years is not, and that machinery is where commercial electrical, mechanical, security, fire-alarm, low-voltage, and roofing contractors lose their weekends.

Why it exists

The Act is named for its sponsors, Senator James J. Davis and Representative Robert L. Bacon, and was signed in 1931 during the Depression. The problem it was written to solve was specific: on federally funded projects, out-of-area contractors were winning bids by importing lower-paid labor and undercutting local construction wages, which depressed pay for the whole regional workforce.

The fix was to require that federal construction dollars be spent at the wage rates already prevailing in the locality where the work happens. A contractor can still win a federal job on efficiency, overhead, materials, and management — but not by paying the crew less than the local going rate. That is why the obligation attaches to the project location rather than to the contractor's home base.

What "prevailing wage" actually means

Prevailing wage is not a single federal minimum. It is a per-locality, per-work-classification rate set by the U.S. Department of Labor and published in a document called a wage determination, which is attached to the contract before bidding. A wage determination for a courthouse in one county will list different rates than one for a school three counties over, and each lists separate rates for each work classification — electrician, sheet-metal worker, roofer, low-voltage technician, foreman, and so on.

The rate has two parts: a base hourly rate and a fringe-benefit rate. The fringe can be paid as cash on the paycheck or contributed to a bona fide benefit plan — health, pension, apprenticeship — but it has to be paid one way or the other, and the certified payroll has to show which. The classification is what trips contractors up most: a single technician who works as an electrician on Monday and a foreman on Tuesday is owed two different prevailing rates that week, and the records have to reflect the split by hours, not by job title.

Who has to comply

Any contractor or subcontractor on a federally funded or federally assisted construction contract over the $2,000 threshold is bound by Davis-Bacon — and that threshold has never been raised, so in practice it captures essentially every federal construction job. The reach is wider than people expect because "federally assisted" pulls in projects funded through more than sixty Davis-Bacon Related Acts: federal-aid highways, public and affordable housing, transit, water and wastewater infrastructure, and projects touched by federal grant programs.

On top of the federal law, most states run their own "little Davis-Bacon" statutes governing state- and municipally funded public works. California, New York, New Jersey, Illinois, and Massachusetts all carry their own variants, typically with prevailing-wage thresholds in the $25,000 to $1,000,000 range depending on project type. The practical effect: most commercial contractors who bid public work at all — schools, hospitals, courthouses, military installations, transit, public housing — are filing prevailing-wage payroll on a meaningful slice of their book, federal and state combined.

How compliance is proven: certified payroll

Davis-Bacon does not just require that you pay prevailing wage — it requires that you document it. The documentation is certified payroll: a weekly filing, submitted on the Department of Labor's WH-347 form (or an accepted equivalent), for every week the work is in progress. Each row lists the worker, a unique identifier, their work classification under the project's wage determination, daily and total hours, base rate, fringe rate, gross earnings, deductions, and net pay.

Beneath the rows, the contractor signs a Statement of Compliance affirming that the classifications and rates match the wage determination, that fringe was paid in cash or to bona fide plans, and that no unauthorized deductions or kickbacks were taken. That signature carries federal perjury liability — which is why certified payroll is the one filing bookkeepers refuse to rush. The full mechanic of the WH-347 is covered at /glossary/certified-payroll.

What it costs to get wrong

The enforcement teeth are real. Underpayment triggers back-wage liability for the affected workers, and the Department of Labor can direct the contracting agency to withhold contract payments to cover the shortfall. Falsified certified payroll is the dangerous category — because the Statement of Compliance is sworn, knowingly filing a false WH-347 exposes the signer to debarment from future federal contracts for up to three years, civil penalties, and in serious cases federal criminal liability.

Most violations are not fraud. They are classification errors, fringe miscalculations, and the simple arithmetic mistakes that creep in when a bookkeeper is hand-typing wage determinations into a payroll service that was never built for prevailing wage. The exposure to the contracting agency is the same whether the error was malicious or clerical — which is exactly why the tooling that produces the filing matters as much as the intent behind it.

Where the burden actually lands

The pain is structural, not legal. Most contractors carry day-to-day labor in ADP, Gusto, or QuickBooks Payroll — none of which were built to handle wage determinations, multi-classification crews, or fringe-split accounting. So every pay period a bookkeeper exports hours, opens the wage determination, classifies each worker against the project's classifications by hours worked, calculates base-plus-fringe per technician per task, types the WH-347, and signs the Statement of Compliance.

On a mid-size commercial contractor with one or two prevailing-wage projects active, that is a multi-hour task per pay period. On a contractor running several projects with different wage determinations and crews who switch classifications mid-week — often under an OCIP or CCIP insurance program that layers its own labor reporting on top — certified payroll becomes a multi-day filing every cycle. The law is followable; the manual workflow around it is what quietly consumes a bookkeeper's calendar.

How Forge handles it

Treasury — the payroll drawer of Forge — carries Davis-Bacon compliance as a native module rather than a bolt-on. Wage determinations attach per project. Prevailing wage is computed per technician per task at the rate for the work classification actually performed, not the operator's home classification, with the base-and-fringe split tracked the way the law requires. The WH-347 generates signed and ready to file, and OCIP/CCIP-aware labor reports come off the same ledger.

Because the data is captured once and the filing reads from it directly, the audit trail is automatic — it survives a Department of Labor review and a GC compliance request from the same source of truth. Charter operators on the prevailing-wage-heavy verticals, security/fire and electrical, report 11–15 minutes per pay period for filings that previously ran multi-day cycles. The Act is the Act; what Forge changes is not the obligation but the cost of meeting it. This holds across the active verticals shipping today — roofing, security and fire, AV and low-voltage, solar, HVAC, and electrical — because the federation means a single ledger serves all of them rather than a separate compliance tool per trade.

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ENTRY · DAVIS-BACON ACT · LAST REVIEWED JUNE 6, 2026