Section 290.13. Evidence of compliance by agent and subcontractor.

 

(1)   Affidavit of compliance. Upon completion of their portion of work on a project of public works or a publicly funded private construction project and prior to receiving final payment for work on the project, each agent or subcontractor shall file an agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with its prime contractor.

(2)   Record retention.

(a) Each agent or subcontractor who performed work on a project of public works or a publicly funded private construction project shall retain the following records for at least 3 years after the last day on which the prime contractor and all its agents or subcontractors completed work on the site of the project:

1. An accurate record of the name, trade or occupation, hours worked, and actual wages paid for all of its employees who performed work on the project.

2. A properly completed agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, from each of its agents or subcontractors that performed work on the project.

(b) The required records shall be made available for inspection upon request of the department, state agency, or local governmental unit.

(c) The location of the required records shall be designated in the affidavit required under sub. (1) . The records shall not be moved from the designated location without prior notice of the new location and the expected move date to the state agency or local governmental unit.

(3)   Subcontractor notification. Any contractor, subcontractor, contractor's agent or subcontractor's agent who fails to provide its subcontractors and agents the applicable prevailing wage determination for the project as noted in s. DWD 290.17 is liable for any amount of liquidated damages assessed by the department to the subcontractor or agent under s. 66.0903 (11) (a) , 66.0904 (9) (a) , or 103.49 (6m) (ag) , Stats.

History: Cr. Register, January, 1976, No. 241 , eff. 2-1-76; r. and recr. Register, January, 1986, No. 361 , eff. 2-1-86; r. and recr. Register, July, 2000, No. 535 , eff. 8-1-00; CR 10-092 : am. (1), (2) (a) (intro.), cr. (3) Register December 2010 No. 660 , eff. 1-1-11.

Note

Section 66.0904, Stats., was repealed by 2011 Wis. Act 32 . Microsoft Windows NT 6.1.7601 Service Pack 1 "Agent or Subcontractor Affidavit of Compliance with Prevailing Wage Rate Determination," form ERD-10584, may be obtained at no charge from the Department of Workforce Development, Equal Rights Division, P.O. Box 8928, Madison, WI 53708 or the DWD web site at http://dwd.wisconsin.gov/er/prevailing_wage_rate/default.htm . Microsoft Windows NT 6.1.7601 Service Pack 1