Dispute concerning the payment of
prevailing wage rates by RLH Flooring
and TLT Construction Corporation on a
United States Navy construction project
for the improvement of naval facilities
in Rhode Island
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Petitioner:
Charles. S. Kirwan, Esq., Charles S. Kirwan & Associates, Pawtucket, Rhode Island
For the Respondent:
Barbara E. Racine, Esq., Douglas J. Davidson, Esq., Steven J. Mandel, Esq., U.S. Department of Labor, Washington, D.C.
ORDER DISMISSING PETITION FOR REVIEW
During 1998 and 1999, petitioner Ronald R. Bradbury performed construction work for Dick Hudson d/b/a RLH Flooring, a subcontractor on a Navy construction project in Rhode Island. The prime contractor on the project was TLT Construction Corporation. RLH Flooring was dismissed from the project sometime around February 1999, and Bradbury subsequently worked directly for the prime contractor, TLT Construction. The project was subject to the prevailing wage requirements of the Davis-Bacon Act, 40 U.S.C.A. §276a (West 1986).
Bradbury asserts that he was paid less than the prevailing wage rate specified in the Davis-Bacon wage determination applicable to the project, and therefore is owed back wages. Around June 1999 Bradbury notified TLT Construction that he was filing a claim against the company's payment bond under the Miller Act, 40 U.S.C.A. §270a (West 1986), seeking to recoup the wage underpayment. Bradbury subsequently filed a lawsuit under the Miller Act against TLT Construction, Richard Hudson1 and Reliance Insurance Company.
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