(2) Actions to enforce liability to workers under subsection (1) of this section may be brought as actions on contractors’ bonds as provided for in ORS 279C.610.
(3) If a public agency fails to provide in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents that the contractor and any subcontractor must comply with ORS 279C.840, the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several with a contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840.
(4) If a public works project is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830 (1)(a), or fails to provide in the contract that workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage as required under ORS 279C.830 (1)(d), the public agency is liable to each affected worker for:
(a) The worker’s unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and
(b) An additional amount, equal to the amount of unpaid minimum wages due under paragraph (a) of this subsection, as liquidated damages.
(5) The Commissioner of the Bureau of Labor and Industries may enforce the provisions of subsections (3) and (4) of this section by a civil action under ORS 279C.850 (4), by a civil action on an assigned wage claim under ORS 652.330, or by an administrative proceeding on an assigned wage claim under ORS 652.332. [2003 c.794 §171; 2007 c.844 §6; 2011 c.265 §3]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.100 - Definitions for ORS 279C.100 to 279C.125.
Section 279C.115 - Direct contracts for services of consultants.
Section 279C.120 - Selection procedure for related services.
Section 279C.320 - Contracts for construction other than public improvements.
Section 279C.330 - "Findings" defined.
Section 279C.332 - Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380.
Section 279C.335 - Competitive bidding requirement; exceptions; exemptions.
Section 279C.337 - Procurement of constructions manager/general contractor services.
Section 279C.345 - Specifications for contracts; exemptions.
Section 279C.350 - Exemption procedure; appeal.
Section 279C.355 - Evaluation of public improvement projects not contracted by competitive bidding.
Section 279C.360 - Requirement for public improvement advertisements.
Section 279C.365 - Requirements for solicitation documents and bids and proposals.
Section 279C.370 - First-tier subcontractor disclosure.
Section 279C.380 - Performance bond; payment bond; waiver of bonds.
Section 279C.385 - Return or retention of bid security.
Section 279C.390 - Exemption of contracts from bid security and bonds.
Section 279C.400 - Competitive proposals; procedure.
Section 279C.410 - Receipt of proposals; evaluation and award.
Section 279C.412 - Competitive quotes for intermediate procurements.
Section 279C.414 - Requirements for competitive quotes.
Section 279C.430 - Prequalification of bidders; rules.
Section 279C.440 - Disqualification from consideration for award of contracts.
Section 279C.445 - Appeal of disqualification.
Section 279C.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.
Section 279C.525 - Provisions concerning environmental and natural resources laws; remedies.
Section 279C.545 - Time limitation on claim for overtime; posting of circular by contractor.
Section 279C.560 - Form of retainage; procedures for holding and payment.
Section 279C.580 - Contractor’s relations with subcontractors.
Section 279C.590 - Complaint process for substitutions of subcontractors; civil penalties.
Section 279C.605 - Notice of claim.
Section 279C.610 - Action on contractor’s public works bond or payment bond; time limitation.
Section 279C.625 - Joint liability when payment bond not executed.
Section 279C.660 - Compensation when contract terminated due to public interest.
Section 279C.800 - Definitions for ORS 279C.800 to 279C.870.
Section 279C.807 - Workforce diversity for public works projects.
Section 279C.810 - Exemptions; rules.
Section 279C.820 - Advisory committee to assist commissioner.
Section 279C.825 - Fees; rules.
Section 279C.836 - Public works bond; rules.
Section 279C.845 - Certified statements regarding payment of prevailing rates of wage; retainage.
Section 279C.855 - Liability for violations.
Section 279C.865 - Civil penalties.
Section 279C.870 - Civil action to enforce payment of prevailing rates of wage.
Section 279C.875 - Criminal liability for intentional failure to pay prevailing wage; rules.