ILCS » Chapter 820 · Act 130
Illinois Compiled Statutes

820 ILCS 130/11 (2026)

No public works project shall be instituted unless the provisions of this Act have been complied with

✓ current as of May 2026
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(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
    (Text of Section from P.A. 104-23)
    Sec. 11. No public works project shall be instituted unless the provisions of this Act have been complied with. The provisions of this Act shall not be applicable to Federal construction projects which require a prevailing wage determination by the United States Secretary of Labor. The Illinois Department of Labor represented by the Attorney General is empowered to sue for injunctive relief against the awarding of any contract or the continuation of work under any contract for public works at a time when the prevailing wage prerequisites have not been met. Any contract for public works awarded at a time when the prevailing wage prerequisites had not been met shall be void as against public policy and the contractor is prohibited from recovering any damages for the voiding of the contract or pursuant to the terms of the contract. The contractor is limited to a claim for amounts actually paid for labor and materials supplied to the public body. Where objections to a determination of the prevailing rate of wages or a court action relative thereto is pending, the public body shall not continue work on the project unless sufficient funds are available to pay increased wages if such are finally determined or unless the Department of Labor certifies such determination of the prevailing rate of wages as correct.
    Any laborer, worker or mechanic employed by the contractor or by any sub-contractor under him who is paid for his services in a sum less than the prevailing rates for work done under such contract, shall have a right of action for whatever difference there may be between the amount so paid, and the rates provided by the contract together with costs and such reasonable attorney's fees as shall be allowed by the court. Such contractor or subcontractor shall also be liable to the Department of Labor for 20% of such underpayments and shall be additionally liable to the laborer, worker or mechanic for punitive damages in the amount of 2% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which such underpayments remain unpaid. Where a second or subsequent action to recover underpayments is brought against a contractor or subcontractor and the contractor or subcontractor is found liable for underpayments to any laborer, worker, or mechanic, the contractor or subcontractor shall also be liable to the Department of Labor for 50% of the underpayments payable as a result of the second or subsequent action, and shall be additionally liable for 5% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which the underpayments remain unpaid. The Department shall also have a right of action on behalf of any individual who has a right of action under this Section. An action brought to recover same shall be deemed to be a suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. The action shall be brought within 5 years from the date of the failure to pay the wages or compensation. At the request of any laborer, workman or mechanic employed by the contractor or by any subcontractor under him who is paid less than the prevailing wage rate required by this Act, the Department of Labor may take an assignment of such wage claim in trust for the assigning laborer, workman or mechanic and may bring any legal action necessary to collect such claim, and the contractor or subcontractor shall be required to pay the costs incurred in collecting such claim.
    All moneys owed to the Department under this Act shall be remitted to the Employee Classification Fund, and the Department may use those funds for the purposes identified in Section 50 of the Employee Classification Act.
(Source: P.A. 103-48, eff. 1-1-24; 104-23, eff. 6-30-25.)
 
    (Text of Section from P.A. 104-160)
    Sec. 11. No public works project shall be instituted unless the provisions of this Act have been complied with. The provisions of this Act shall not be applicable to federal construction projects that require a prevailing wage determination by the United States Secretary of Labor, except as described in Section 2. The Illinois Department of Labor represented by the Attorney General is empowered to sue for injunctive relief against the awarding of any contract or the continuation of work under any contract for public works at a time when the prevailing wage prerequisites have not been met. Any contract for public works awarded at a time when the prevailing wage prerequisites had not been met shall be void as against public policy and the contractor is prohibited from recovering any damages for the voiding of the contract or pursuant to the terms of the contract. The contractor is limited to a claim for amounts actually paid for labor and materials supplied to the public body. Where objections to a determination of the prevailing rate of wages or a court action relative thereto is pending, the public body shall not continue work on the project unless sufficient funds are available to pay increased wages if such are finally determined or unless the Department of Labor certifies such determination of the prevailing rate of wages as correct.
    Any laborer, worker or mechanic employed by the contractor or by any sub-contractor under him who is paid for his services in a sum less than the prevailing rates for work done under such contract, shall have a right of action for whatever difference there may be between the amount so paid, and the rates provided by the contract together with costs and such reasonable attorney's fees as shall be allowed by the court. Such contractor or subcontractor shall also be liable to the Department of Labor for 20% of such underpayments and shall be additionally liable to the laborer, worker or mechanic for punitive damages in the amount of 2% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which such underpayments remain unpaid. Where a second or subsequent action to recover underpayments is brought against a contractor or subcontractor and the contractor or subcontractor is found liable for underpayments to any laborer, worker, or mechanic, the contractor or subcontractor shall also be liable to the Department of Labor for 50% of the underpayments payable as a result of the second or subsequent action, and shall be additionally liable for 5% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which the underpayments remain unpaid. The Department shall also have a right of action on behalf of any individual who has a right of action under this Section. An action brought to recover same shall be deemed to be a suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. The action shall be brought within 5 years from the date of the failure to pay the wages or compensation. At the request of any laborer, workman or mechanic employed by the contractor or by any subcontractor under him who is paid less than the prevailing wage rate required by this Act, the Department of Labor may take an assignment of such wage claim in trust for the assigning laborer, workman or mechanic and may bring any legal action necessary to collect such claim, and the contractor or subcontractor shall be required to pay the costs incurred in collecting such claim.
(Source: P.A. 103-48, eff. 1-1-24; 104-160, eff. 8-14-25.)

    
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 2001–2023 · leading case: Valerio v. Moore Landscapes, LLC, 2021 IL 126139 (Ill. 2021).
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Valerio v. Moore Landscapes, LLC, 2021 IL 126139 (Ill. 2021). · cites it 5× “se Paz, Ruben Garcia, Bardomiano Paz, Evaristo Valerio, Luis Mondragon, Sergio Aparicio, Raul Bermudez, Rodrigo Valerio, Javier Mora, Marcos Huerta, and Jaime Mora filed an action against defendant, Moore Landscapes, LLC, seeking backpay, statutory punitive damages, prejudgment…”
Brandt Constr. Co. v. Ludwig, 878 N.E.2d 116 (Ill. App. Ct. 2007). · cites it 8× “In addition to criminal prosecution and suits by the state for injunctive relief, the Act also creates a right of action for the "laborer, worker or mechanic employed by" the contractor.”
Com. v. Goodco Mech., Inc., 291 A.3d 378 (Pa. Super. Ct. 2023). · cites it 2× “§ 104-25 ; Illinois, 820 ILCS 130/11 (from Ch. 48, par. 39s-11); Maine, Me.”
Cement Masons Pension Fund v. William A. Randolph, Inc., 832 N.E.2d 228 (Ill. App. Ct. 2005). · cites it 2× “” 820 ILCS 130/11 (West 1998). Notwithstanding the language of section 11, the Act does not specifically identify the entity that will be held responsible in an action undertaken by underpaid employees.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). · cites it 2× “See 820 ILCS 130/11 (West 2016). But nothing in the Prevailing Wage Act permits damages against the Department, itself.”
Cent. Laborers' Pension Fund v. Nicholas & Assocs., Inc., 2011 IL App (2d) 100125 (Ill. App. Ct. 2011). · cites it 2× “Section 11 of the Prevailing Wage Act (820 ILCS 130/11 (West 2010)) creates a cause of action against contractors and subcontractors who fail to pay the prevailing wage.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). · cites it 2× “See 820 ILCS 130/11 (West 2016). But nothing in the Prevailing Wage Act permits damages against the Department, itself.”
People Ex Rel. Dep't of Labor v. Sackville Constr., Inc., 930 N.E.2d 1063 (Ill. App. Ct. 2010). “820 ILCS 130/11 (West 2006) (contractors and subcontractors “liable to [Department] for 20% of such underpayments”).”
People v. Valdivia, 2011 IL App (2d) 100998 (Ill. App. Ct. 2011). · cites it 2× “See 820 ILCS 130/11 (West 2004) (provision of the Prevailing Wage Act stating that the Department has a right of action on behalf of any person with a right of action under this section).”
Seaman v. Thompson Elec. Co., 758 N.E.2d 454 (Ill. App. Ct. 2001). “” 820 ILCS 130/11 (West 2000). The plaintiffs’ deductive reasoning is as follows: suits for wages at common law included the right to a jury trial; the legislature deemed suits under the Act to be “suits for wages”; therefore, the legislature intended suits under the Act to…”
People Ex Rel. Dept. of Labor v. Valdivia, 955 N.E.2d 631 (Ill. App. Ct. 2011). · cites it 3× “See 820 ILCS 130/11 (West 2004) (provision of the Prevailing Wage Act stating that the Department has a right of action on behalf of any person with a right of action under this section).”
People ex rel. Dep't of Labor v. Skoog Landscape & Design, 337 Ill. App. 3d 232 (Ill. App. Ct. 2003). · cites it 8× “Specifically, it contends that the Sterling Park District’s prevailing wage determination was invalid for the following reasons: (1) the survey was geographically flawed; (2) only three companies were surveyed; and (3) nothing in the record indicates that the park district…”
Show all 22 citing cases →
— 820 ILCS 130/11(a) — 1 case
Cement Masons Pension Fund v. William A. Randolph, Inc. (Ill. App. Ct. 2005).
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