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Construction & Technology
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Q 15. The manufacturer of concrete box beams delivers 10 beams to a Davis-Bacon covered project. After beams are set and the manufacturer sends a technician out to the project to post tension the beams. Is the post tensioning of the beams covered?
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Answer:
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For purposes of administration and enforcement of Davis-Bacon, under the applicable regulations issued by the Department of Labor, the regulatory definition of "construction" includes "[m]anufacturing or furnishing of materials, articles, supplies or equipment on the site…", as well as the installation of items fabricated off-site. (See 29 CFR 5.2(l)). As discussed regarding item 8, if a material supplier, manufacturer, or carrier undertakes to perform part of a construction contract as a subcontractor, its laborers and mechanics employed at the site of the work are subject to the prevailing wage requirements under Davis-Bacon in the same manner as those employed by any other contractor or subcontractor. For example, employees of a materials supplier who are required to perform more than an incidental amount of construction work in any workweek at the site of the work would be covered by Davis-Bacon and due the applicable wage rate for the classification of work performed. For enforcement purposes, the Department of Labor adopts a policy that if such an employee spends more than 20% of his/her time in a workweek engaged in such activities on the site, he/she is covered by Davis-Bacon for all time spent on the site during the workweek.)
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