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Government Contracts
Davis-Bacon Act
Wage and Hour
Service Contract Act
Employment Law & Executive Orders
Business & Contracting
There is little question that the ABC v. Sonderling case is the most important Davis-Bacon Act (“DBA”) litigation of the last generation. In a court order dated September 28, 2026, following the joint motion, the court agreed that the matter was now ripe for consideration, and went ahead and lifted the stay of the proceedings. Judge Michael J. Truncale said he would rule on the cross motions for summary judgment “in due course.”
Withholding of money is an enforcement tool given to DOL. It is intended to serve the important remedial purposes of the prevailing wage laws. But it is a blunt instrument and can be used abusively and in violation of due process rights. DOL needs to curb those abuses. Withholding is becoming all too often routine and a means to secure the outcome DOL wants regardless of the merits.
The CBCA is now on record again that, same as the situation under the SCA, when a new EO sick leave benefit requirement is added to an existing contract, that constitutes a change to the contract and entitles the contractor to a full equitable adjustment in the contract price. The presence of an EPA clause does not alter that “straightforward and uncontroversial conclusion.”
