October 5, 2023

By Lane Kimble

Changes to the law requiring prevailing wages on federally funded transportation projects go into effect this month – and with them comes an updated form contractors will need to be familiar with.

FHWA’s new 1273 Form goes live on October 23, 2023. The form is required on all federally funded projects let after that date, beginning with WisDOT’s November 14 letting. Click HERE to see a section-by-section summary of changes to the form.

The changes are due to the U.S. Department of Labor updating its Davis-Bacon Act regulations.  Some notable updates to the DBA include:

• A prevailing wage is now set if it’s paid to 30 percent of workers in an area (this used to be 50 percent)
• Prime contractors are now liable if subcontractors do not pay a prevailing wage
• The Department of Labor can determine wages if survey data is insufficient (which could mean relying on factors that don’t paint the entire picture, according to ARTBA.)

The Department of Labor is offering two upcoming webinars to help explain the rule changes.  You can sign up for the free sessions on either October 18 or October 19 (both at 1 p.m. CDT) HERE.