Federal & State Regulations | Davis-Bacon Act - Indiana

State Info

Summary of differences between federal and state regulations

Numerous states follow the federal Davis-Bacon regulations for their construction projects. Other states have used the federal Davis-Bacon Act to develop their own set of rules. Usually the state act is called the Little Davis-Bacon Act. How closely the state rules follow the Federal requirements vary from state-to-state.

Indiana is not a Davis-Bacon State. However, it does have a prevailing wage law called the Wage & Hour Common Construction Wage Law (Formerly Prevailing Wage)

Indiana's common construction wage law applies to any firm, individual, partnership, limited liability company or corporation that is awarded a contract by the state, a political subdivision, or a municipal corporation for the construction of a public work costing $150,000 or more. The law also applies to any subcontractor of the construction (I.C. 5-16-7-1).

The term "municipal corporation " includes any "county, city, town, or school corporation , as well as any officer, board, commission, or other agency authorized by law to award contracts for the performance of public work on behalf of any such municipal corporation. The term also includes a redevelopment commission established under Indiana Code 36-7-14-3 (I.C. 5-16-7-4). The term "public work" includes any "public building, highway, street, alley, bridge, sewer, drain, improvement, or any other work of any nature or character whatsoever which is paid for out of public funds...." (I.C. 5-16-7-4).

Indiana's common construction wage law does not apply to public works construction projects which are funded in total or in part by federal funding. Such projects are governed by the federal Davis-Bacon and Related Acts.