Title 36 — Public Contracts
9 chapters · 210 sections in this title.
AS 36.05.005 Applicability.
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This chapter applies only to a public construction contract that exceeds $25,000.
AS 36.05.010 Wage rates on public construction.
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A contractor or subcontractor who performs work on a public construction contract in the state shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that contained…
AS 36.05.020 Basis for determining wage.
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A subcontract that is performed on public construction may be reduced to a basis of day labor for the purpose of determining whether or not the subcontractor or contractors have paid at not less than the prevailing scale of wage.
AS 36.05.030 Authority; investigations; hearings; regulations; enforcement.
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(a) The Department of Labor and Workforce Development has the authority to determine the prevailing wage, and whether or not this chapter is being violated. The department may when necessary for the enforcement of this chapter (1) conduct investigations and hold hearings concerni…
AS 36.05.035 Notification of contract awards.
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Upon awarding a public construction contract, the state or a political subdivision of the state shall (1) immediately notify the commissioner of labor and workforce development of the amount of the contract, the effective date of the contract, the identity of the contractor and a…
AS 36.05.040 Filing schedule of employees, wages paid, and other information.
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All contractors or subcontractors who perform work on a public construction contract for the state or for a political subdivision of the state shall, before the Friday of every second week, file with the Department of Labor and Workforce Development a sworn affidavit for the prev…
AS 36.05.045 Notice of work and completion; withholding of payment.
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(a) Before commencing work on a public construction contract, the person entering into the contract with a contracting agency shall designate a primary contractor for purposes of this section. Before work commences, the primary contractor shall file a notice of work with the Depa…
AS 36.05.050 Hours to constitute day's work. [Repealed, § 1 ch 3 SLA 1973.]
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[Repealed or reserved.]
AS 36.05.060 Penalty for violation of this chapter.
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A contractor who violates this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not less than 10 days nor more than 90 days, or by both. Each day a violation exists constitutes a sepa…
AS 36.05.070 Wage rates in specifications and contracts for public works.
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(a) The advertised specifications for a public construction contract that requires or involves the employment of mechanics, laborers, or field surveyors must contain a provision stating the minimum wages to be paid various classes of laborers, mechanics, or field surveyors and th…
AS 36.05.080 Failure to pay agreed wages.
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Every contract within the scope of AS 36.05.070 must contain a provision that if it is found that a laborer, mechanic, or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required by the contract to b…
AS 36.05.090 Payment of wages from withheld payments and listing contractors who violate contracts.
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(a) The state disbursing officer in the case of a state public construction contract and the local fiscal officer in the case of a political subdivision public construction contract shall pay directly to laborers, mechanics, or field surveyors from accrued payments withheld under…
AS 36.05.100 Effect of AS 36.05.070 — 36.05.110 on other laws.
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AS 36.05.070 — 36.05.110 do not supersede or impair authority granted by state law to provide for the establishment of specific wage rates.
AS 36.05.110 Contracts entered into without advertising.
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The fact that a public construction contract authorized by law is entered into upon a cost-plus-a-fixed-fee basis or otherwise, without advertising for proposals, does not make AS 36.05.070 — 36.05.110 inapplicable if those sections are otherwise applicable to the contract.
AS 36.05.120 Regulations governing contractors. [Repealed, § 17 ch 142 SLA 1972.]
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Article 2. General Provisions.
AS 36.05.900 Definition.
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In this chapter, “contracting agency” means the state or a political subdivision of the state that has entered into a public construction contract with a contractor.