Armada/Hoffler Construction Co., 96-DBA-24 (ALJ Dec. 16,
1996)
Date Issued: December 16, 1996
Case Number: 96-DBA-24
In the Matter of
Disputes concerning the payment
of prevailing wage rates and
proper classification by:
ARMADA/HOFFLER CONSTRUCTION CO.
Prime Contractor
and
WOODTECH ENTERPRISES
Subcontractor
With respect to laborers and mechanics
employed by the subcontractor under
Contract No. N62470-88-C-8131 to
construct an operations building at
Fleet Combat Training Center, Atlantic,
Dam Neck, Virginia Beach, Virginia
DECISION AND
ORDER
This case arises under the Reorganization
Plan No. 14 of 1950 (64 Stat. 1267), the Davis-Bacon Act (DBA),
as amended, 40 U.S.C. § 276a, et seq, and the
applicable regulations issued thereunder at 29 C.F.R. Part 5.
By letter dated March 7, 1995, the Department
of Labor (DOL) notified Respondents that they had breached a
contract with the United States Government by violating the
above-mentioned Acts and regulations. By letter dated April 4,
1995, Respondent (Woodtech Enterprises) filed a request for a
hearing. * DOL filed an Order of Reference in this Office
on April 17, 1996. This Office issued a Pre-Hearing Order on May
2, 1996, which required DOL to furnish the Prime Contractor and
any subcontractor certain information regarding this matter.
After service of this information, Respondents had twenty days to
file an answer admitting or denying the allegations. DOL filed
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the required information in this Office on June 4, 1996. On
September 10, 1996, this Office issued an Order to Respondents to
Show Cause why a default judgment should not be entered in this
matter. To date, Respondents have failed to file a response to
the Pre-Hearing Order or the Order to Show Cause.
* Because Respondent Armada Hoffler Construction Co.
did not request a hearing, the findings of the Wage & Hour
Administrator are final. See 29 CFR § 5.11(d).
After considering Respondents failure to
participate in this matter, it is ORDERED that Respondents'
request for a hearing be DISMISSED and a judgment by default be
entered in this case. The following facts as set forth in the
Notification Letter and Secretary's response to the Pre-Hearing
Order will be adopted.
The United States Government awarded
Respondents contract number N62470-88-C-8131, which contained the
stipulations and representations required by the Act and
regulations. During the contract period, Respondents failed and
refused to pay employees working under the contract minimum
monetary wages and fringe benefits. The names of the employees
and the amounts of underpayment are listed below.
Paul Britton $100.80
Willie Goodman $201.60
Arnold Hoke $3,427.20
Ricky Ross ,294.65
Dewey Simpson $308.70
Anthony Szilagy ,597.05
Tracy Williams $2,042.78
The Department of the Navy has withheld
$8,972.78. It is ORDERED that the funds be released to DOL for
distribution to the affected employees.
