All contractors and subcontractors submitting bids or performing construction work on public works projects, or private projects covered by Article 8 of the Labor Law (these include projects covered by Labor Law § 224-a, public subsidy funded projects; Labor Law § 224-d, renewable energy systems; Labor Law § 224-e, broadband projects; Labor Law 224-f, climate risk-related and energy transmission projects and roadway excavations), are now required to register with the New York State Department of Labor (NYSDOL) under Labor Law § 220-i.
“Public Work” encompasses any municipal work that is construction in nature and is completed by an outside contractor. For every Public Work project, a municipality is obligated to:
- Obtain a prevailing wage schedule online. This can be done at the NYSDOL’s website here. Upon submitting information relating to the municipality and the project, a project-specific wage schedule will be generated that must be provided to the contractor(s). The schedule will include the wage rates for all classifications of work in your specific county for the current year.
- Collect Certified Payroll reports for all Public Work construction. Reports need to remain on file for five (5) years after the completion of the project.
- Verify that all contractors hired for Public Work are registered with the NYSDOL Contractor Registry. Receipt of the Registry Certificate (PW55) by the municipality with the bid documents will satisfy this requirement.
Contractor and Subcontractor Registry for Covered Projects
Article 8 of the Labor Law defines “contractor” as any entity entering into a contract to perform any of the following: construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. Further, the law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. Registry is required before bids may be submitted or work may be commenced on a new covered project, and contractors are responsible for verifying that any subcontractors they work with are registered.
Because the Labor Law now requires contractors to submit their Certificate of Registration with their bid materials, the NYSDOL recommends that municipalities add a requirement to all solicitations for bids or project announcements that contactors are required to provide proof of registration as required by Labor Law § 220-i as a minimum qualification and that failure to provide such proof will disqualify a bidder.
Municipalities interested in verifying contractor registration should refer to the Public Work Contractor and Subcontractor Registry Database.
