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Onsite or Offsite?

August 13, 2010 Written by: Written by Mike Rogers, Chief Compliance Officer

When it comes to understanding what does and does not fall under the auspices of the Davis Bacon Act, the devil is often in the details.  Recently we heard from a contractor who mentioned that while the publicly-funded project he was working on was not covered, the roofing and site work was.

Confusing? Yes.
In considering this particular situation, the question of whether a project is subject to the provisions of the Davis-Bacon Act comes down to where the work is being performed.  Because of how the law is written, work that is done offsite — for example, a prefab building which constructed elsewhere and then installed on a military base — may not be covered by the Davis-Bacon Act.

However, if the roof for that same building is constructed onsite, and exceeds the $2,000 project size threshold (or is funded in part or in whole by ARRA funds) then it meets the criteria for falling under the requirements of the Davis-Bacon act.

This is just one small example of how confusing it can be to comply with the Davis-Bacon and Related Acts.  Have a compliance question? Submit it here and we’ll answer it for you in a future blog.