Public WorksQuestion 1588 of 1632

A subcontractor that is NOT registered with the DIR is listed on a bid for a public works project subject to prevailing wage. The likely consequence is that:

a.Only the prime must register; listed subs are exempt from it
b.The sub may register at any point before the final payment
c.The awarding body must register the sub and bill it the fee
d.The bid may be nonresponsive and the sub may not work

Explanation

Labor Code §1725.5 requires every contractor and subcontractor on covered public work to be registered before it is listed on a bid, awarded work, or allowed to perform, and §1725.5(e) makes an unregistered listing grounds to treat the bid as nonresponsive. The prime-only reading ignores that the statute names subcontractors expressly. Registering later does not cure the defect, because the duty attaches at bid listing. Registration is the contractor's own filing with the DIR; no awarding body registers a firm on its behalf.

Law Reference: Labor Code §1725.5(e)

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