Published date: 07/24/2024

Question

Are land surveyors required to pay Davis Bacon Wages when there is not a wage rate?

Answer: Another interesting topic – this time due to the whiplash from how much the industry response has changed for it.

Back in 2013, there was All Agency Memorandum (AAM) 212, which explained to us that if you had a crew made up of multiple members, some of whom worked with specialty equipment and others who performed physical work, then those who performed physical tasks in support of the construction crews, immediately prior to or during construction, should be considered as providing “covered work.” This, of course, was assuming that the tasks were performed on the ‘site of work’.

Then along came 2020, and AAM 235 was issued – throwing AAM 212 into the trash bin. That’s right – it rescinded the entire thing. Now, I didn’t entirely disagree with that, since one of the reasons they gave for the change was the fact that they hadn’t ever updated the Field Operations Handbook Ch. 15.

But… then we had the Final Rules Update last year. And now we’ve reverted back to what was presented in AAM 212, meaning that if someone performs physical or manual work on or near the site of work that supports the construction of the project, it’s considered covered work.

Regarding the original question, “if there is not a wage rate”: just because a classification isn’t immediately visible on a wage determination doesn’t mean it isn’t covered under another classification. In this case, I would classify the crew member performing physical tasks—such as holding the rod, running a tape measure, clearing/grubbing, or using spray paint to mark lines—as a laborer.

Question

If a project spans several years and the prevailing wage order (PWO) for the relevant municipality changes, are we required to adjust the pay rate to match the new PWO, or can we continue paying according to the PWO that was in effect at the start of the contract?

Answer: Change, my friends, is inevitable. If you would have asked me this question before the updates to the Davis-Bacon and Related Acts were published last August, I would have said yes (for federal work) since the wage determinations were good for the life of the project. But, since the Final Rule went into effect, federal projects are now required to update their wage determinations if there is a major scope of work change. If the project lasts for several years, the updated regulations state that there will be periodic adjustments no more often than every 3 years going forward. 

In other cases, state or city programs may be updated annually, biannually, or even periodically when errors are identified. In these states, you must adjust the wages paid to employees whenever these updates occur.

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