Section 36.05.090. Payment of wages from withheld payments and listing contractors who violate contracts.

   (a) The state disbursing officer in the case of a state public construction contract and the local fiscal officer in the case of a political subdivision public construction contract shall pay directly to laborers, mechanics, or field surveyors from accrued payments withheld under the terms of the contract the wages due laborers, mechanics, or field surveyors under AS 36.05.070.
   (b) The state disbursing officer or the local fiscal officer shall distribute to all departments of the state government and to all political subdivisions of the state a list giving the names of persons who have disregarded their obligations to employees.  A person appearing on this list and a firm, corporation, partnership, or association in which the person has an interest may not work as a contractor or subcontractor on a public construction contract for the state or a political subdivision of the state until three years after the date of publication of the list.  If the accrued payments withheld under the contract are insufficient to reimburse all the laborers, mechanics, or field surveyors with respect to whom there has been a failure to pay the wages required under AS 36.05.070, the laborers, mechanics, or field surveyors have the right of action or intervention or both against the contractor and the contractor's sureties conferred by law upon persons furnishing labor or materials, and in the proceedings it is not a defense that the laborers, mechanics, or field surveyors accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.

Notes

Implemented As

8 AAC 30.200
8 AAC 30.210
8 AAC 30.220
8 AAC 30.230
8 AAC 30.240

References

8 AAC 30.110
8 AAC 30.200
8 AAC 30.220
8 AAC 30.240
8 AAC 30.900

History

(Sec. 3 ch 52 SLA 1959; am Sec. 9 ch 142 SLA 1972; am Sec. 6 ch 28 SLA 2011)