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Public Works

27 questions

1. Prevailing wage requirements apply to public works projects with a contract value of at least:

a.$500
b.$1,000
c.$15,000
d.$25,000

California prevailing wage law applies to public works contracts of $1,000 or more. There is no exemption for small public works projects.

Labor Code §1771

2. Who determines the prevailing wage rates that must be paid on a California public works project?

a.The contractor
b.The Department of Industrial Relations (DIR)
c.The awarding public agency
d.The local city council

The Director of the Department of Industrial Relations (DIR) determines prevailing wage rates by craft, classification, and locality. Contractors must pay the rate in effect when the work is performed.

Labor Code §1770

3. Before a contractor may bid on or be awarded a public works contract, the contractor must be registered with:

a.The CSLB only
b.The local building department
c.The Department of Industrial Relations (DIR)
d.The U.S. Department of Labor

In addition to holding a CSLB license, a contractor must register annually with the DIR before bidding on or being awarded a public works contract.

Labor Code §1725.5

4. On a public works project, contractors must submit certified payroll records to:

a.The CSLB
b.The IRS
c.The property owner
d.The Labor Commissioner, generally through the DIR

Contractors on public works must keep accurate certified payroll records and furnish them to the Labor Commissioner, generally through the DIR's online electronic system.

Labor Code §1776

5. The prevailing wage that must be paid on a public works project consists of:

a.The state minimum wage only
b.Whatever the contractor and worker agree to
c.A basic hourly rate plus fringe benefits
d.The federal minimum wage plus overtime

The prevailing wage is made up of a basic hourly rate plus employer payments for fringe benefits such as health care, pension, and training. The total package must meet the DIR determination.

Labor Code §1773.1

6. On a public works contract that exceeds $25,000, the prime contractor must furnish:

a.A mechanics' lien
b.A payment bond
c.A disciplinary bond
d.No bond — bonds are not used on public works

Because subcontractors and suppliers cannot place a lien on public property, the prime contractor on a public works contract over $25,000 must provide a payment bond guaranteeing they are paid.

Civil Code §9550

7. An unpaid subcontractor on a public works project can compel the public agency to withhold project funds by serving:

a.A stop payment notice
b.A mechanics' lien
c.A cease and desist letter
d.A Cal/OSHA complaint

Since public property cannot be liened, an unpaid claimant on a public works project serves a stop payment notice on the public agency, which must then withhold enough project funds to cover the claim.

Civil Code §9350

8. On most public works projects, contractors are required to:

a.Hire only union workers
b.Request and employ apprentices from a state-approved apprenticeship program
c.Pay double the prevailing wage
d.Use only workers who live in the same county

Public works contractors must request apprentices from a state-approved apprenticeship program and employ them on the project, supporting the training of the next generation of skilled workers.

Labor Code §1777.5

9. If a contractor pays less than the required prevailing wage on a public works project, the contractor may face:

a.A warning only
b.An automatic CSLB license revocation
c.No consequence if the worker agreed to the lower rate
d.Liability for back wages plus penalties assessed by the Labor Commissioner

A contractor who underpays prevailing wage is liable for the wage shortfall plus penalties assessed by the Labor Commissioner, and may be barred (debarred) from bidding on future public works.

Labor Code §1775

10. A contractor on a public works project must post the applicable prevailing wage determination:

a.At the contractor's home office
b.On the CSLB website
c.At a conspicuous place at the job site
d.Nowhere — posting is not required

The contractor must post the prevailing wage determination at a conspicuous place at the job site so workers can see the rates that apply to their craft.

Labor Code §1773.2

11. Which project is generally considered 'public works' subject to prevailing wage?

a.A homeowner's private kitchen remodel
b.Construction paid for in whole or in part with public funds
c.Any commercial building over $25,000
d.A privately funded apartment complex

A public works project is construction, alteration, demolition, or repair work paid for in whole or in part out of public funds. Prevailing wage and related rules attach because public money is involved.

Labor Code §1720

12. On a public works project, the bond that guarantees the project will be completed according to the contract is the:

a.Payment bond
b.Performance bond
c.License bond
d.Bid bond

A performance bond guarantees the project will be finished according to the contract. It is separate from the payment bond, which guarantees that workers and suppliers are paid.

13. A contractor's registration with the DIR to perform public works must be:

a.Obtained once and never renewed
b.Renewed only when the CSLB license is renewed
c.Obtained separately for every project
d.Renewed each year

DIR public works registration is an annual registration with an annual fee. A contractor must keep it current to remain eligible to bid on and perform public works.

Labor Code §1725.5

14. On a covered public works project, prevailing wage must be paid to:

a.All workers employed on the project, including those of subcontractors
b.Only members of a labor union
c.Only the prime contractor's own employees
d.Only workers who would otherwise earn less than minimum wage

Prevailing wage must be paid to all workers employed on the public works project — by the prime contractor and by every subcontractor — regardless of union membership.

Labor Code §1772

15. On public works, the standard apprentice-to-journeyman ratio a contractor must meet is at least:

a.One hour of apprentice work for every one hour of journeyman work
b.One apprentice for the whole project
c.There is no ratio requirement
d.One hour of apprentice work for every five hours of journeyman work

Public works contractors must employ apprentices at a ratio of not less than one hour of apprentice work for every five hours of journeyman work, using apprentices from a state-approved program.

Labor Code §1777.5

16. On a public works project, a worker who works more than 8 hours in a single day must generally be paid:

a.At least 1.5 times the basic hourly prevailing rate for the hours over 8
b.The straight-time prevailing wage for all hours
c.Nothing extra unless the work exceeds 40 hours in the week
d.Double the prevailing wage for every hour worked

Labor Code §1815 requires that work performed on public works in excess of 8 hours per day be compensated at not less than 1.5 times the basic hourly prevailing rate. Daily overtime applies even if the weekly total is under 40 hours.

Labor Code §1815

17. Under Labor Code §1813, what penalty applies to a contractor for each worker for each day that worker is required to work more than the legal maximum hours without proper overtime pay on a public works project?

a.$10 per worker per day
b.$25 per worker per day
c.$100 per worker per day
d.$200 per worker per day

Labor Code §1813 sets a forfeiture of $25 for each worker for each calendar day during which that worker is required or permitted to work more than the legal maximum hours without the required overtime pay. This penalty is in addition to paying the overtime owed.

Labor Code §1813

18. Why can an unpaid subcontractor NOT record a mechanics' lien against a completed public school building?

a.Mechanics' liens expired in California decades ago
b.Public property cannot be sold to satisfy a private lien, so liens cannot attach to it
c.Only the prime contractor is allowed to record a lien on any project
d.Liens are barred on any project that exceeds $25,000

A mechanics' lien works by allowing a forced sale of the property to satisfy the debt. Because public property is held for public use and cannot be sold off to pay a private claim, liens cannot attach to it — which is why the law instead provides payment bonds and stop payment notices on public works.

19. A contractor bidding on a city public works contract is asked to submit a bid bond. The primary purpose of a bid bond is to:

a.Guarantee that workers and material suppliers will be paid
b.Guarantee that the finished project will meet code
c.Replace the contractor's CSLB license bond on the project
d.Guarantee the bidder will enter into the contract and provide required bonds if awarded the job

A bid bond protects the public agency by guaranteeing that, if the contractor is the successful low bidder, it will sign the contract and furnish the required performance and payment bonds. If the bidder backs out, the bond covers the extra cost of awarding to the next bidder.

20. In addition to penalties and back wages, a contractor who willfully violates prevailing wage law on public works may be subject to debarment, which means the contractor:

a.Loses its CSLB license permanently
b.Must pay triple the contract value to the state
c.Is prohibited from bidding on or being awarded public works contracts for a set period
d.Is barred only from federal public works, not state projects

Debarment is a period — typically up to three years — during which a contractor (and its responsible officers) is prohibited from bidding on or being awarded any public works contract. It is a separate consequence from monetary penalties and back-wage liability.

Labor Code §1775

21. When a member of the public requests a contractor's certified payroll records from a public works project, the records that are released to the public must have which information redacted?

a.The names of all crafts and classifications worked
b.Each worker's name, address, and social security number
c.The hours each worker performed and the wage rates paid
d.The name of the awarding public agency

Labor Code §1776 requires certified payroll to be available for inspection, but copies provided to the public must have personal identifying information — such as each worker's name, address, and social security number — redacted to protect worker privacy.

Labor Code §1776

22. A general contractor on a public works job pays a laborer the basic hourly rate in cash but provides NO health, pension, or training contributions. To comply with the prevailing wage determination, the contractor must:

a.Ignore the fringe portion because cash payment of the base rate is enough
b.Wait until the project ends and pay the fringe amounts in a lump sum
c.Report the worker as exempt from prevailing wage
d.Pay the dollar value of the required fringe benefits directly to the worker as additional wages

Under Labor Code §1773.1, the prevailing wage is the basic hourly rate plus employer payments for fringe benefits. If the employer makes no qualifying fringe-benefit contributions, the dollar value of those benefits must be paid to the worker as additional cash wages so the total package meets the determination.

Labor Code §1773.1

23. Which type of insurance coverage is a contractor required to carry for its employees on a California public works project, just as on private jobs?

a.Title insurance
b.Course-of-construction (builder's risk) insurance only
c.Workers' compensation insurance
d.Key-person life insurance

Any contractor with employees in California must carry workers' compensation insurance, and this requirement applies fully to public works. A public agency cannot award the contract to a contractor that lacks valid workers' compensation coverage.

24. A contractor on a public works project knowingly fails to employ apprentices in the required ratio. The most likely consequence is:

a.Automatic forfeiture of the entire contract price
b.Criminal felony charges in every case
c.No penalty, since apprenticeship ratios are only a recommendation
d.Civil penalties assessed by the Labor Commissioner and possible ineligibility to bid on public works

Violating the apprenticeship requirements of Labor Code §1777.5 exposes the contractor to civil penalties under §1777.7, and a knowing violation can also make the contractor ineligible to bid on or be awarded public works contracts for a period of time.

Labor Code §1777.7

25. On a public works project, a subcontractor who has stopped work serves a stop payment notice on the public entity. The notice must generally be served:

a.Before the expiration of the period for recording a notice of completion or cessation, or within the time the law allows after that event
b.Within 10 days after the contract is awarded
c.Only after the entire project is fully accepted by the agency
d.At any time, even years after the project is finished

Stop payment notices on public works are time-limited. A claimant must serve the notice within the statutory window tied to completion or cessation of the work (a notice of completion or acceptance triggers a shorter deadline); serving late means the public entity is not obligated to withhold funds.

Civil Code §9558

26. The payment bond required on a public works contract over $25,000 must be issued by:

a.Any bank chosen by the contractor
b.The contractor's own insurance agent personally
c.An admitted surety insurer authorized to do business in California
d.The awarding public agency itself

The payment bond on public works must be furnished by an admitted surety insurer — a surety company licensed and authorized to transact surety business in California. This ensures the bond is backed by a financially responsible, regulated guarantor.

Civil Code §9554

27. Which prevailing wage determination applies to the workers on a public works project?

a.The rates in effect on the day the contractor submitted its bid
b.The rates in effect for the locality and craft when the work is actually performed
c.The lowest rates published anywhere in California that year
d.Whatever rate the awarding agency wrote into the original budget

Under Labor Code §1773 and the DIR's determinations, workers must be paid the prevailing wage rate in effect for their craft and locality at the time the work is performed. Determinations are issued by craft and geographic area and can change over the life of a project.

Labor Code §1773