Published date: 07/21/2026
A federal judge in Texas has vacated three provisions of the 2023 Davis-Bacon Final Rule that expanded prevailing wage requirements. The ruling follows a legal challenge brought by the Associated General Contractors of America (AGC), which argued the Department of Labor exceeded its authority when adopting the provisions.
The vacated provisions would have:
- Expanded prevailing wage requirements for certain material suppliers
- Applied Davis-Bacon requirements to additional delivery truck driver activities
- Enforced Davis-Bacon requirements on contracts that omitted required clauses
The decision leaves the vast majority of the 2023 Final Rule intact, including changes to prevailing wage determinations and other compliance requirements. Separate litigation challenging the prevailing wage methodology itself remains ongoing.
Contractors, agencies, and compliance professionals should be aware that these three provisions are no longer enforceable, while all other applicable Davis-Bacon requirements remain in effect.
Read More: Texas judge vacates 3 Biden-era Davis-Bacon provisions | Construction Dive
.
.
These materials are being issued with the understanding that LCPtracker is not engaged in rendering legal or other professional services and is providing these for informational purposes only. If legal, accounting, or tax expert assistance is required, the services of a competent legal, accounting or tax professional should be sought.
