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What a Davis-Bacon violation actually costs

A wrong certified payroll is not a paperwork ding. The cost compounds quietly, and at the far end it can put you off federal work entirely.

Back wages

The first bill is the gap itself, paid to the workers. And it compounds. Ten cents an hour, across twenty workers, over six months, is more than five thousand dollars before anyone notices. A wrong classification or a base rate a few cents low does not look like much on one line, but it runs across every hour of every affected worker for the whole job.

Withheld contract payments

The contracting agency can hold back money due on your contract to cover suspected back wages until the question is settled. On a job with subs, funds can be cross withheld, meaning your payment is held for another party's shortfall. A held progress payment is a cash flow problem long before any penalty is decided.

Liquidated damages on overtime

If the violation involves overtime under the Contract Work Hours and Safety Standards Act, there are liquidated damages set by statute for each affected worker for each day of the violation, on top of the back wages. This is why the overtime split is worth getting right.

The signature is a legal statement

The Statement of Compliance on page 2 is signed under 18 U.S.C. 1001. A false statement there is a federal matter, carrying a fine, up to five years, or both. That is the reason the person who signs should be sure the numbers underneath are right.

Debarment

For repeated or willful violations, the far end is debarment: barred from federal and federally funded work for up to three years, with the business listed on the government's exclusions list where every contracting officer can see it. For a company that lives on public work, that is the whole business.

The through line is simple. A wrong payroll you find and correct yourself is far cheaper than the same payroll caught by an auditor. The cost of a second set of eyes before you file is small next to any one of the items above.

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General information for people running federal certified payroll, not legal advice. If a finding is already on your desk, talk to a lawyer.