40 U.S.C. § 3143

Termination of work on failure to pay agreed wages

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Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor’s right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor’s sureties shall be liable to the Government for any excess costs the Government incurs.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2011–2021 · leading case: Idaho Bldg. & Constr. Trades Council, AFL-CIO v. Inland Pac. Chapter of Associated Builders & Contractors, Inc., 801 F.3d 950 (9th Cir. 2015).

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Idaho Bldg. & Constr. Trades Council, AFL-CIO v. Inland Pac. Chapter of Associated Builders & Contractors, Inc., 801 F.3d 950 (9th Cir. 2015). · cites it 2× “40 U.S.C. § 3143 . Likewise, the Davis-Bacon Act establishes a list of persons who have “disregarded their obligations to employees and subcontractors,” and are therefore barred from receiving federal contracts for three years.”

United States v. Javier Estepa, 998 F.3d 898 (11th Cir. 2021). “40 U.S.C. § 3143 . All of these requirements for contractors equally apply to subcontractors.”

Johnson v. Prospect Waterproofing Co., 813 F. Supp. 2d 4 (D.D.C. 2011). “40 U.S.C. §§ 3143 , 3144(b). 3 . The Court notes that defendants misquoted this language in their motion to dismiss by omitting the qualifying language ("some” and “arguably”), which takes it out of its proper context.”

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