Colorado § 24-92-204 - Specification in contract - payment of wages - amount and frequency - unclaimed prevailing wages special trust fund - creation.

§ 24-92-204. Specification in contract - payment of wages - amount and frequency - unclaimed prevailing wages special trust fund - creation.

(1) Every contract for a public project subject to the provisions of this part 2 shall contain a stipulation that:

(a) The contractor and any subcontractors shall pay all the employees employed directly on the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the competitive solicitation, regardless of any contractual relationships that may be alleged to exist between the contractor or subcontractor and the employees;

(b) The contractor and any subcontractors shall prepare and submit payroll reports to the contracting agency of government on a monthly basis that disclose all relevant payroll information, including the name and address of any entities to which fringe benefits are paid, and that the contracting agency of government is required to review the certified payroll reports in a timely manner as required by the state contract;

(c) The contractor and any subcontractors shall maintain on the site where public projects are being constructed a daily log of employees employed each day on the public project. The log shall include, at a minimum, for each employee his or her name, primary job title, and employer, and shall be kept on a form prescribed by the director. The log shall be available for inspection on the site at all times by the contracting agency of government and the director.

(d) If the contractor or any subcontractor fails to pay wages as are required by the contract, the contracting agency of government shall not approve a warrant or demand for payment to the contractor until the contractor furnishes the contracting agency of government evidence satisfactory to such agency of government that such wages so required by the contract have been paid; except that the contracting agency of government shall approve and pay any portion of a warrant or demand for payment to the contractor to the extent the agency of government has been furnished evidence satisfactory to the agency of government that the contractor or one or more subcontractors has paid such wages required by the contract, even if the contractor has not furnished evidence that all of the subcontractors have paid wages as required by the contract. Any contractor or subcontractor may use the following procedure in order to satisfy the requirements of this section:

(I) The contractor or subcontractor may submit to the director, for each employee to whom such wages are due, a check as required by the director. Such check shall be payable to that employee or to the state so it is negotiable by either of those parties. Each such check shall be in an amount representing the difference between the accrued wages required to be paid to that employee by the contract and the wages actually paid by the contractor or subcontractor.

(II) If any check submitted pursuant this subsection (1)(d) cannot be delivered to the employee within a reasonable period as determined by the director, then it shall be negotiated by the state and the proceeds deposited in the unclaimed property trust fund created in section 38-13-116.6. Nothing in this subsection (1) shall be construed to lessen the responsibility of the contractor or subcontractor to attempt to locate and pay any employee to whom wages are due.

Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2951, § 2, effective August 2.