At a Glance
Quick Answer
North Dakota does not have a state prevailing wage law. Federal Davis-Bacon Act still applies to federally funded construction projects over $2,000.
North Dakota repealed its state prevailing wage law in 2015. Only federally funded construction projects are subject to Davis-Bacon prevailing wage requirements.
Context
Prevailing Wage & Bidding in North Dakota
North Dakota repealed its state prevailing wage law in 2015, part of the broader national wave of repeals that year. For contractors bidding today, that means state and locally funded construction carries no state-mandated wage schedule, no certified payroll requirement, and no state prevailing wage agency overseeing rates. You can price labor on those projects to actual local market conditions, which gives you flexibility on the estimate but also places full responsibility on you to set competitive, sustainable wage assumptions without a government schedule to anchor them.
The federal exception still controls a meaningful slice of the work. When a North Dakota project receives federal funding or assistance, the Davis-Bacon Act applies to covered contracts over $2,000. On those jobs you must pay the applicable federal wage determination by trade classification, maintain certified payroll, and submit it to the contracting agency. Given the volume of federal transportation, energy, and infrastructure dollars that reach North Dakota, do not assume a public job is purely state-funded until you have confirmed the funding source in the solicitation.
The core estimating discipline post-repeal is funding diligence. The most damaging mistake is bidding a federally assisted project at open-market labor rates because the state has no prevailing wage law, then discovering Davis-Bacon applies. That exposes you to federal back wages and debarment that can erase a job's margin. During the bid phase, scan the documents for any federal funding reference, pull the federal wage decision when one applies, and price labor to whichever standard, market or Davis-Bacon, actually governs the contract.
Details
Coverage Details
State Status
- Law
- Repealed in 2015
- 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- N/A — State law repealed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 North Dakota. 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 2015
Federal Davis-Bacon Act still applies to federally funded projects over $2,000
Repeal occurred alongside Indiana in 2015 as part of broader national trend
Enforcement
Penalties
Federal Davis-Bacon penalties apply to federally funded projects only.
Resources
Related Tools & Templates
Turn wage rules into bid-ready alerts
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 North Dakota have a prevailing wage law?
No. North Dakota does not have a state prevailing wage law. North Dakota repealed its state prevailing wage law in 2015. Only federally funded construction projects are subject to Davis-Bacon prevailing wage requirements.
Does Davis-Bacon apply in North Dakota?
Yes. The federal Davis-Bacon Act applies to all federally funded construction projects over $2,000 in North Dakota, regardless of state law. Contractors must pay the prevailing wage rate determined by the DOL for the project location.
Is certified payroll required in North Dakota?
North Dakota 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 North Dakota?
Federal Davis-Bacon penalties apply to federally funded projects only.
Does North Dakota still have a prevailing wage law?
No. North Dakota repealed its state prevailing wage law in 2015. State and locally funded construction is no longer subject to any state wage schedule or certified payroll requirement, so contractors may price labor at market rates. Only federally funded projects remain subject to wage requirements through the Davis-Bacon Act.
Do federally funded North Dakota projects require certified payroll?
Yes. When a North Dakota project is federally funded or assisted and the covered contract exceeds $2,000, the Davis-Bacon Act applies. Contractors must pay the federal wage determination by trade, keep certified payroll records, and submit them to the contracting agency, even though North Dakota has no state prevailing wage law.
How should I price labor on North Dakota public work after the repeal?
Confirm the funding source first. For purely state or local funding, price labor to local market rates with no state wage mandate. If federal money is involved, pull the applicable Davis-Bacon wage determination and price each trade to it. Misjudging funding and underpricing labor risks federal back-wage and debarment exposure.