At a Glance
Quick Answer
New Hampshire does not have a state prevailing wage law. Federal Davis-Bacon Act still applies to federally funded construction projects over $2,000.
New Hampshire repealed its state prevailing wage law in 1985. Only federally funded construction projects are subject to Davis-Bacon prevailing wage requirements.
Context
Prevailing Wage & Bidding in New Hampshire
New Hampshire repealed its state prevailing wage law in 1985, and it was among the first New England states to do so. As a result, contractors bidding state, county, or municipal work funded solely with New Hampshire dollars are not bound by state-mandated prevailing wage rates. You can price labor at competitive market wages on those projects, and there is no state certified-payroll requirement and no state agency administering a prevailing wage program, which keeps the compliance load on purely state and local work relatively light.
That freedom ends where federal funding begins. Any New Hampshire project receiving federal money over $2,000 falls under the federal Davis-Bacon Act, requiring you to pay no less than the Davis-Bacon prevailing wage and fringe rates published for the locality and trade. On those jobs you must also submit weekly certified payroll to the contracting agency, classify workers correctly, and deliver fringe benefits in cash or through qualifying plans. Federally assisted highway, water, housing, and infrastructure projects commonly trigger Davis-Bacon, so the funding source, not the project type, determines your labor pricing basis.
The central pitfall is estimating a federally funded New Hampshire job at open-market wages and then being forced onto Davis-Bacon rates after award, which compresses margin and creates exposure to back wages, withheld payments, and federal debarment. Protect your bid by reading the solicitation for any wage determination attachment, confirming the funding stream before you finalize numbers, and treating a project as Davis-Bacon-covered until you can prove no federal money is involved.
Details
Coverage Details
State Status
- Law
- Repealed in 1985
- Agency
- N/A — State law repealed
- Certified Payroll
- Not required at state level
Federal Davis-Bacon Coverage
The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in New Hampshire. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.
Reference
Key Facts
State prevailing wage law repealed in 1985
Federal Davis-Bacon Act still applies to federally funded projects over $2,000
New Hampshire was among the first New England states to repeal its prevailing wage law
Enforcement
Penalties
Federal Davis-Bacon penalties apply to federally funded projects only.
Resources
Related Tools & Templates
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Use ConstructionBids.ai to track matching public projects, save bid searches, and move wage-sensitive scopes into your estimating workflow.
FAQ
Questions Contractors Ask
Does New Hampshire have a prevailing wage law?
No. New Hampshire does not have a state prevailing wage law. New Hampshire repealed its state prevailing wage law in 1985. Only federally funded construction projects are subject to Davis-Bacon prevailing wage requirements.
Does Davis-Bacon apply in New Hampshire?
Yes. The federal Davis-Bacon Act applies to all federally funded construction projects over $2,000 in New Hampshire, regardless of state law. Contractors must pay the prevailing wage rate determined by the DOL for the project location.
Is certified payroll required in New Hampshire?
New Hampshire does not have a state-level certified payroll requirement. However, certified payroll (WH-347) is still required on any federal Davis-Bacon project in the state.
What are the penalties for prevailing wage violations in New Hampshire?
Federal Davis-Bacon penalties apply to federally funded projects only.
Does New Hampshire have a state prevailing wage law?
No. New Hampshire repealed its state prevailing wage law in 1985 and was among the first New England states to do so. Projects funded solely with state or local money carry no state-mandated wage rates and no state certified-payroll requirement, allowing contractors to price labor at market rates on that work.
When must I pay prevailing wages in New Hampshire?
Prevailing wages are required only when federal funding over $2,000 brings a project under the federal Davis-Bacon Act. In that case you pay the published locality and trade rates plus fringes and submit weekly certified payroll to the contracting agency, even though New Hampshire has no state law of its own.
What is the risk of bidding a federally funded New Hampshire job at market wages?
If you price labor at open-market wages and the project turns out to be Davis-Bacon covered, you must still pay the higher federal rates, eroding margin and exposing you to back-wage liability, withheld payments, and possible debarment. Always confirm the funding source and check for a wage determination before bidding.