Public WorksQuestion 493 of 1632

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 against the firm's officers
c.Nothing at all, since the ratio is only advisory
d.Civil penalties and a possible bar on bidding

Explanation

Labor Code §1777.7(a) sets a civil penalty of up to $100 for each full calendar day of noncompliance, up to $300 a day for a knowing second violation within three years, and §1777.1(d)(1) lets the Labor Commissioner deny the right to bid or perform for up to one year, or up to three on a repeat. The contract price is not forfeited; the awarding body withholds only assessed amounts. This is a civil scheme, not a criminal one. And the ratio is mandatory: §1777.5 requires the dispatch request and the ratio, with relief only through the approved-programme procedures.

Law Reference: Labor Code §1777.7(a); §1777.1(d)(1)

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