(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
Sec. 11. No public works project shall be instituted unless the
provisions of this Act have been complied with. The provisions of this
Act shall not be applicable to Federal construction projects which
require a prevailing wage determination by the United States Secretary
of Labor. The Illinois Department of Labor represented by the Attorney
General is empowered to sue for injunctive relief against the awarding of
any contract or the continuation of work under any contract for public works
at a time when the prevailing wage prerequisites have not been met. Any
contract for public works awarded at a time when the prevailing wage prerequisites
had not been met shall be void as against public policy and the contractor
is prohibited from recovering any damages
for the voiding of the contract or pursuant to the terms of the contract.
The contractor is limited to a claim for amounts actually paid for labor
and materials supplied to the public body. Where objections to a determination
of the prevailing rate of
wages or a court action relative thereto is pending, the public body
shall not continue work on the project unless sufficient funds are
available to pay increased wages if such are finally determined or
unless the Department of Labor certifies such determination of the
prevailing rate of wages as correct.
Any laborer, worker or mechanic employed by the contractor or by any sub-contractor
under him who is paid for his services in a sum less than the prevailing
rates for work done under such contract, shall
have a right of action for whatever difference there may be between the
amount so paid, and the rates provided by the contract together with
costs and such reasonable attorney's fees as
shall be allowed by the court. Such contractor or subcontractor shall also
be liable to the
Department of Labor for
20% of
such underpayments and shall be additionally liable to the laborer, worker
or mechanic for punitive damages in the amount of
2% of the amount of any
such penalty to the
State for underpayments for each month following the date of payment during
which such underpayments
remain unpaid. Where a second or subsequent action to recover underpayments is brought against a contractor or subcontractor and the contractor or subcontractor is found liable for underpayments to any laborer, worker, or mechanic, the contractor or subcontractor shall also be liable to the Department of Labor for 50% of the underpayments payable as a result of the second or subsequent action, and shall be additionally liable for 5% of the amount of any such penalty to the State for underpayments for each month following the date of payment during which the underpayments remain unpaid. The Department shall also have a right of action on behalf
of any individual who has a right of action under this Section. An action brought
to recover same shall be deemed to be a suit for wages, and any and all
judgments entered therein shall have the same force and effect as other
judgments for wages.
The action shall be brought within 5 years from the date of the failure to pay the wages or compensation. At the request of any laborer, workman or mechanic
employed by the contractor or by any subcontractor under him who is paid
less than the prevailing wage rate required by this Act, the Department
of Labor may take an assignment of such wage claim in trust for the assigning
laborer, workman or mechanic and may bring any legal action necessary to
collect such claim, and the contractor or subcontractor shall be required
to pay the costs incurred in collecting such claim.
(Source: P.A. 103-48, eff. 1-1-24.)
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