Title 37
Public Property and Works

Chapter 26
Building Service Work

§ 37-26-10. Contractor liability.

(a) A contractor shall be liable for any debt resulting from an action under this chapter, owed to an employee or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor or its subcontractors for the employee’s performance of labor. The provisions of this section shall not be deemed to limit the liability of a subcontractor under any other provision of law.

(b) No agreement or release by an employee or subcontractor to waive liability assigned to a contractor under this section shall be valid. The provisions of this section shall not be deemed to impair the rights of a contractor to maintain an action against a subcontractor for owed wages that are paid by a contractor pursuant to this section.

(c) Notwithstanding any other provision of law, the remedies available for a claim pursuant to subsection (a) of this section shall only be civil and administrative actions.

(d) In the case of a private civil action by an employee, such employee may designate any person, organization, or collective bargaining agent authorized to file a complaint on the employee’s behalf pursuant to § 37-26-8, to make a wage claim on the employee’s behalf.

(e) In the case of an action against a subcontractor, the contractor shall be considered jointly and severally liable for any unpaid wages, benefits, wage supplements, penalties, liquidated damages, attorneys’ fees, and any other costs resulting from such action.

(f) Nothing herein shall preclude the attorney general from bringing a civil action to collect unpaid wages and penalties on behalf of employees pursuant to this section.

(g) Before bringing a civil action pursuant to this section, an employee, or third party on such employee’s behalf, shall give the contractor notice of the alleged violation. The notice need only describe the general nature of the claim and shall not limit the liability of the contractor or preclude subsequent amendments of an action to encompass additional employees employed by the subcontractor. An employee, or third party on such employee’s behalf, may not bring a civil action until ten (10) business days after giving the contractor notice of the alleged violation and may not bring a civil action if the contractor corrects the alleged violation. An employee, or third party on such employee’s behalf, is not required to give notice to a contractor pursuant to this subsection before bringing a civil action pursuant to this section if any employee, or third party on any employee’s behalf, previously has given notice to such contractor of the same alleged violation or a prior alleged violation by the same subcontractor.