40 U.S.C. § 3144

Authority to pay wages and list contractors violating contracts

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(a)Payment of Wages.—(1)In general.—The Secretary of Labor shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter.(2)Right of action.—If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor’s sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.(b)List of Contractors Violating Contracts.—(1)In general.—The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors.(2)Restriction on awarding contracts.—No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152; Pub. L. 113–50, § 2(a), Nov. 21, 2013, 127 Stat. 578.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3144(a)(1)	40:276a–2(a) (1st sentence words before semicolon).	Mar. 3, 1931, ch. 411, § 3, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012.
3144(a)(2)	40:276a–2(b).
3144(b)	40:276a–2(a) (1st sentence words after semicolon, last sentence).

In subsection (b), the words “or firms” are omitted as being included in “persons”.

Editorial NotesAmendments

2013—Pub. L. 113–50, § 2(a)(1), struck out “of Comptroller General” after “Authority” in section catchline.

Subsec. (a)(1). Pub. L. 113–50, § 2(a)(2), substituted “Secretary of Labor” for “Comptroller General”.

Notes of Decisions

Cited in 11 cases (4 in the last 5 years), 2008–2026 · leading case: United States ex rel. Krol v. Arch Ins., 46 F. Supp. 3d 347 (S.D.N.Y. 2014).

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United States ex rel. Krol v. Arch Ins., 46 F. Supp. 3d 347 (S.D.N.Y. 2014). · cites it 6× “For the reasons discussed below, the Court finds that Krol’s claim must comply with section 3 of the Davis-Bacon Act, 40 U.S.C. § 3144 (a)(2), which permits laborers to bring an action on a Miller Act bond only if (1) the DOL or the contracting agency has made an administrative…”

Cox v. NAP Constr. Co., Inc., 891 N.E.2d 271 (NY 2008). “In this the Housing Act differs from the DBA itself, which provides that, where a contractor is employed by a federal agency, the agency may withhold from payments to the contractor enough money to make up a deficiency in payments to the workers ( 40 USC § 3142 [c] [3]), and…”

Sorenson v. Wadsworth Bros. Construct, 48 F.4th 1146 (10th Cir. 2022). “(citing, inter alia, 40 U.S.C. § 3144 (a)(2)). b. Factual Background The following factual allegations (as opposed to “legal conclusions,” “naked assertions,” or “conclusory statements”) set out in Sorenson’s complaint are taken as true for purposes of analyzing the propriety of…”

Cates v. Mosher Enter., Inc., 2017 NMCA 63 (N.M. Ct. App. 2017). “) We note Plaintiffs’ care to highlight Subsections (A) and (B) of Section 13-4-14 are comparable to sections of the federal Davis-Bacon Act (Davis-Bacon), 40 U.S.C. § 3144 (2013), which read as follows: (a) Payment of wages.”

Lopez Castro v. Fid. & Deposit Co. of Maryland, 59 F. Supp. 3d 9 (D.D.C. 2014). · cites it 2× “Although Defendants did not mention a lack of subject-matter jurisdiction, the Court raised the issue sua sponte in an Order on September 18, requiring that Plaintiffs show cause why the case should not be dismissed for their failure to sufficiently exhaust administrative…”

Dist. of Columbia v. Dep't of Labor, 34 F. Supp. 3d 172 (D.D.C. 2014). “17, citing 40 U.S.C. § 3144 (a)(2), (b)(2). The Court cannot see, however, how the provision of a private right of action for workers — the intended beneficiaries of the statute — is relevant to the question of whether Congress intended the DBA to apply to government-funded…”

Cates v. Mosher Enter., Inc. (N.M. Ct. App. 2017). “) We note Plaintiffs’ care to highlight Subsections (A) and (B) of 18 Section 13-4-14 are comparable to sections of the federal Davis-Bacon Act (Davis- 19 Bacon), 40 U.S.C. § 3144 (2013), which read as follows: 20 (a) Payment of wages.”

Cruz v. Jimenez Constr. LLC (D.D.C. 2023). “11 ; and the statute provides a right of action for workers “if the accrued payments withheld under the terms of the contract are insufficient to reimburse” them, 40 U.S.C. § 3144 (a)(2). 2. Fair Labor Standards Act The FLSA provides, among other things, that “no employer shall…”

Maluf v. Bergelectric Corp (D. Nev. 2023). “See 40 U.S.C. § 3144 . The thrust of the allegations in the complaint is that 13 the defendant failed to properly classify plaintiff by his skilled trade and pay him in accordance with the 14 requirements of the Davis-Bacon Act — essentially, a claim for back wages.”

Am. First Legal Found. v. U.S. Gov't Acct. Off. (D.D.C. 2026). “40 U.S.C. § 3144 (b). GAO also makes recommendations to federal agencies if it determines that “a solicitation for a contract or a proposed award or the award of a contract does not comply with a statute or regulation.”

Dist. of Columbia Ex Rel. Castro v. Fid. & Deposit Co., 4 F. Supp. 3d 19 (D.D.C. 2013). “See 40 U.S.C. § 3144 (a). Before laborers may bring suit in federal court, however, the Department of Labor needs to make certain findings.”

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