ORS 279C.855¹
Liability for violations

(1) Any contractor or subcontractor or contractor’s or subcontractor’s surety that violates the provisions of ORS 279C.840 (Payment of prevailing rate of wage) is liable to the workers affected in the amount of their unpaid minimum wages, including all fringe benefits, and in an additional amount equal to the unpaid wages as liquidated damages.

(2) Actions to enforce liability to workers under subsection (1) of this section may be brought as actions on contractors’ bonds as provided for in ORS 279C.610 (Action on contractor's public works bond or payment bond).

(3) If a public agency fails to include a provision that the contractor and any subcontractor shall comply with ORS 279C.840 (Payment of prevailing rate of wage) in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents, the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several with any contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840 (Payment of prevailing rate of wage).

(4) When a public works project is subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) (1)(a), or fails to include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality as required under ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) (1)(b), the public agency is liable to each affected worker for:

(a) The worker’s unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and

(b) An additional amount, equal to the amount of unpaid minimum wages due under paragraph (a) of this subsection, as liquidated damages.

(5) The Commissioner of the Bureau of Labor and Industries may enforce the provisions of subsections (3) and (4) of this section by a civil action under ORS 279C.850 (Inspection to determine whether prevailing rate of wage being paid) (4), by a civil action on an assigned wage claim under ORS 652.330 (Powers and duties of commissioner in enforcing wage claims), or by an administrative proceeding on an assigned wage claim under ORS 652.332 (Administrative proceeding for wage claim collection). [2003 c.794 §171; 2007 c.844 §6]

1 Legislative Counsel Committee, CHAPTER 279C—Public Contracting - Public Improvements and Related Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors279C.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information