Fall Construction Season: Key Davis-Bacon Compliance Tips for Contractors

As the leaves begin to change and cooler weather sets in, many contractors enter one of the busiest periods of the year. The fall construction season often brings a final push to complete federally funded projects before winter slows down work. Crews expand, schedules tighten, and certified payroll demands increase. For contractors and subcontractors working on public works projects, this seasonal rush also creates unique compliance challenges under the Davis-Bacon Act.

The Davis-Bacon Act requires contractors and subcontractors on federally funded or federally assisted construction projects to pay their workers no less than the locally prevailing wages and fringe benefits. This law has been in place since 1931, but even experienced project teams can stumble when compliance requirements intersect with the fast-paced nature of fall construction.

This guide highlights the most critical Davis-Bacon compliance considerations for fall and offers practical tips to keep projects moving while staying on the right side of the law.

Why Fall Brings Extra Compliance Pressure

Fall is often a race against time in the construction industry. Many federal and state agencies strive to meet spending deadlines before the end of the fiscal year. At the same time, weather conditions motivate contractors to accelerate progress before winter storms arrive.

This seasonal combination results in:

• Expanded workforces. Additional workers may be brought on quickly to meet deadlines.

• Overtime increases. Crews often work extended hours to finish projects.

• Shifting payroll dynamics. More subcontractors may be brought in to help with the workload, increasing certified payroll submissions.

• Greater DOL oversight. Compliance checks and audits often rise toward the end of the year.

Each of these factors increases the likelihood of errors in wage determinations, certified payrolls, and record-keeping.

Key Davis-Bacon Compliance Tips for the Fall Construction Season

1. Review Wage Determinations Before Adding New Workers

When new workers or subcontractors are added to a project, it is critical to verify that the correct wage determinations are being applied. A wage determination establishes the minimum rates that contractors must pay, based on job classification and location.

If a contractor hires a new laborer or brings in a subcontractor late in the season without reviewing the project’s wage determination, the risk of underpayment rises. Even minor wage classification errors can trigger back pay requirements and penalties.

Tip: Keep a copy of the applicable wage determination on site and ensure that all supervisors and payroll staff are familiar with the correct classification of new workers.

2. Track Overtime Carefully During Accelerated Schedules

Fall often means longer workweeks as crews rush to complete their tasks. Under the Davis-Bacon Act, overtime pay is required when employees work more than 40 hours in a week. Overtime must be calculated at one and a half times the introductory hourly rate, excluding fringe benefits.

Many payroll mistakes occur when contractors miscalculate overtime by including fringes in the base rate. This can quickly become costly if discovered during an audit.

Tip: Make sure your payroll software and accounting team understand the distinction between the base rate and fringe benefits when calculating overtime.

3. Ensure Certified Payrolls Remain Accurate Despite Seasonal Rush

Certified payroll reports (Form WH-347 or equivalent) must be submitted weekly for all covered projects. During the fall rush, when workforces expand or schedules shift, it becomes easier to overlook details. Missing signatures, incorrect classifications, or skipped weeks are common compliance issues.

Tip: Assign a dedicated compliance officer or payroll manager to double-check all certified payrolls before submission. Even one missing report can trigger an investigation. Need help filling out the Form WH-347, read our guide here.

4. Prepare for Department of Labor Audits

The Department of Labor (DOL) and other funding agencies often increase audits and on-site interviews during the fall. Workers may be asked about their job classification, hours, and rate of pay. If payroll records and employee interviews do not align, this raises red flags.

Tip: Train supervisors and workers on the requirements of the Davis-Bacon Act. Workers should understand their job classification and rate of pay so they can respond accurately if interviewed.

5. Review Subcontractor Compliance Before Final Payments

Fall is also a time when subcontractors finish their scope of work and request final payments. Before approving these payments, prime contractors should verify that subcontractors have submitted all certified payrolls and complied with the Davis-Bacon requirements. If a subcontractor fails to comply, the prime contractor may still be held liable for any resulting damages. For any resulting damages

Tip: Build compliance verification into your subcontractor closeout process. Require certified payrolls and compliance documentation before releasing final checks.

6. Use the Fall Season to Conduct an Internal Compliance Audit

As the year comes to a close, fall is an ideal time to review your own compliance practices. Conducting an internal audit can identify issues before the DOL does. This includes reviewing:

• Wage determinations

• Worker classifications

• Overtime calculations

• Certified payroll submissions

• Subcontractor records

Tip: Even a brief quarterly audit can save contractors from significant penalties later.

Real-World Example: Overtime Missteps in the Fall

Consider a contractor working on a federally funded road project who extended weekday shifts in October to beat the first snowfall. Overtime was miscalculated because fringe benefits were mistakenly included in the base rate. When the DOL audited the project, the contractor was required to issue back pay to 25 workers and pay fines for each incorrect payroll submission.

Had the contractor reviewed payroll practices at the start of the fall season, the issue could have been corrected before becoming a costly mistake.

Why Compliance Matters More in Fall

Beyond avoiding penalties, staying compliant during the fall has long-term benefits. Projects that maintain compliance run more smoothly, reduce delays, and build stronger reputations with funding agencies. Contractors who consistently follow Davis-Bacon rules also improve their chances of securing future federally funded work.

How Davis Bacon Solutions Can Help

Navigating Davis-Bacon compliance during the busy fall construction season does not have to be overwhelming. Davis Bacon Solutions was created as a resource hub to simplify federal construction rules and make compliance straightforward.

We provide guides, insights, and practical tools to help contractors, subcontractors, and project managers stay compliant throughout the year. Whether you need help understanding wage determinations, certified payroll reporting, or preparing for audits, our resources are designed to keep your projects running smoothly.

If you require additional resources, our sister company, Labor Compliance CA, LLC, offers third-party labor compliance officer services. Having a dedicated compliance officer can alleviate the burden on your team and ensure you remain audit-ready throughout every season.

The fall construction season is a time of opportunity and pressure. As project teams race to meet deadlines, Davis-Bacon compliance must remain a top priority. By reviewing wage determinations, accurately tracking overtime, submitting certified payrolls, and preparing for audits, contractors can protect both their projects and their reputations.