Common Davis-Bacon Compliance Mistakes and How to Avoid Them

Davis-Bacon violations can result in back-pay liability, contract termination, and debarment. Most violations stem from a handful of recurring mistakes.

Mistake 1: Using the Wrong Wage Determination

Contractors sometimes use a WD for the wrong county or construction type. Always match the WD to the specific county where work is performed and the type of construction (building, heavy, highway, or residential).

Mistake 2: Not Paying Fringe Benefits

Paying only the base wage — ignoring the fringe component — is one of the most common violations. The total package (base + fringe) is the legal requirement, not just the base rate.

Mistake 3: Classifying Workers Incorrectly

Paying an electrician at a laborer's rate is a violation. Workers must be paid the rate for the work they actually perform, not a lower classification.

Mistake 4: Failing to Submit Certified Payrolls

Weekly certified payroll submissions (Form WH-347) are required. Late or missing submissions create compliance risk and can delay contract payments.

Mistake 5: Not Extending Requirements to Subs

Prime contractors are responsible for ensuring their subcontractors comply. If a sub underpays workers, the prime contractor can be held liable.