Section 80IAC2-8-1. Prevailing scale of wages; payment

   (a) Any:

(1) firm;

(2) individual;

(3) partnership;

(4) corporation; or

(5) contractor;

that is hereafter awarded a contract by this commission for the construction of any commission works project with an estimated cost in excess of one hundred fifty thousand dollars ($150,000), and any subcontractor thereon, shall be required to pay for each class of work on the project a scale of wages that shall in no case be less than the prevailing scale of wages being paid in the immediate locality for such class of work as determined by the appropriate committee of state government in accordance with IC 5-16-7-1 [IC 5-16-7 was repealed by P.L.252-2015, SECTION 9, effective July 1, 2015.].

  (b) The commission, in soliciting bids for any such contracts, shall include a schedule of the wages to be paid to such laborers, workers, or mechanics as a part of the bid, proposal, or quotation documentation required under 80 IAC 2-5. The schedule shall be filed before any work is performed on the contract or subcontract, provided:

(1) the scale shall not be less than the scale determined as provided in this section; and

(2) that nothing in this rule provided shall prevent the contractor or subcontractor from paying a higher rate of wages than set out in the schedule of wages filed by him or her.

  (c) A contractor or subcontractor who knowingly fails to pay the rate of wages determined under this rule and in accordance with IC 5-16-7 [IC 5-16-7 was repealed by P.L.252-2015, SECTION 9, effective July 1, 2015.] shall be subject to the provisions of IC 5-16-7-3 [IC 5-16-7 was repealed by P.L.252-2015, SECTION 9, effective July 1, 2015.] and all the conditions thereof. (State Fair Commission; 80 IAC 2-8-1; filed Nov 27, 1991, 2:00 p.m.: 15 IR 455; readopted filed Sep 11, 2001, 2:45 p.m.: 25 IR 528; readopted filed Oct 4, 2007, 10:29 a.m.: 20071024-IR-080070451RFA; filed Mar 18, 2008, 2:19 p.m.: 20080416-IR-080070587FRA; readopted filed Sep 18, 2013, 2:12 p.m.: 20131016-IR-080130242RFA)

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