Compliance and payroll

How to collect certified payroll from subcontractors

Put the requirement in every subcontract, give subs a weekly deadline ahead of your own submission, check each report against the wage determination and your daily logs, chase gaps the same week, and tie progress payments to complete payroll records.

An office manager and contractor review invoices with a calculator and laptop in a construction office.
Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

On a Davis-Bacon job, the prime contractor is responsible for submitting the certified payroll of every subcontractor, at every tier, for every week they perform covered work. That is written into 29 CFR 5.5(a)(3)(ii). To collect it reliably, write the requirement and the wage determination into each subcontract, set a weekly due date a few days before your own, review each report for the common errors, chase what is missing that same week, and make complete payrolls a condition of payment. Do not wait until the pay application to find out a sub has not filed in a month.

The stakes are real. The U.S. Department of Labor says prime contractors are ultimately responsible for compliance by subcontractors of any tier, and that failing to monitor them can lead to back wage liability for the prime. A sub that underpays its crew can cost you money that you already paid the sub.

What the rules require of the prime

Prime contractor duties on subcontractor certified payroll, federal rules
DutySource
Submit all subcontractor certified payrolls, weekly, for each week covered work is performed29 CFR 5.5(a)(3)(ii)
Include the labor standards clauses and wage determination in every subcontract, and require subs to flow them downDOL Fact Sheet 66C
Keep certified payrolls for 3 years after all work on the prime contract is complete29 CFR 5.5(a)(3)(ii)
Answer for subcontractor violations, including back wagesDOL Fact Sheet 66C

The agency can also withhold money from the prime contract to cover unpaid wages. Under 29 CFR 5.5(a)(2), withholding can come from the same contractor's other covered contracts too, so a sub's problem on one job can freeze money on another.

How to collect certified payroll from subs in 7 steps

1. Write it into the subcontract

Incorporate the required labor standards clauses and the wage determination by number, modification, and date. DOL says a vague statement that Davis-Bacon applies does not satisfy the flow-down requirement. Add your own terms: the weekly due date, the format, and the right to hold payment for missing or incorrect payrolls. See flow-down clauses explained.

2. Cover it at the preconstruction meeting

Walk each sub's office contact through the requirements: who signs, where to send reports, the weekly deadline, and the posting requirement for the wage determination and poster on site. Get a name and email for payroll, not just the PM.

3. Set a deadline ahead of your own

If your agency wants payrolls by Wednesday for the prior week, set the sub deadline for Monday. That gives you two days to review and chase corrections.

4. Track who has worked each week

Use the daily log as the master list of which subs and how many workers were on site each day. Every sub on the log owes a payroll for that week. Lower-tier subs count too; ask your subs who they brought on.

5. Review each report before you submit it

  • Classifications match the wage determination wording.
  • Rates and fringe meet or beat the determination for each classification.
  • Hours roughly match your daily log headcount.
  • Apprentices are marked RA, with Box 4 completed, and within ratio.
  • Statement of Compliance signed with a valid signature, not a scan.
  • Payroll numbers in sequence with no gaps; no full Social Security numbers.

6. Chase gaps the same week

Send a short, specific request: which week, what is missing, and the due date. Copy the sub's owner on the second request. If a sub had no covered work in a week, ask for a written no-work statement if your agency wants one.

7. Tie payment to complete payrolls

Make a complete set of certified payrolls through the billing period a required attachment to each sub pay application, along with lien waivers. If your subcontract allows, hold payment until they are in. Check your state's prompt payment rules and your subcontract terms first, so the hold is allowed.

Worked example: a federally funded clinic with six subs

Say a GC is building a $3.2 million federally funded clinic with six subcontractors on site in week 14. The agency wants payrolls by Wednesday. The GC's sub deadline is Monday.

Example weekly sub payroll tracker, week 14
SubOn daily logPayroll receivedReview resultAction
ElectricalYes, 6 workersMondayOKSubmit
MechanicalYes, 5 workersMondayScanned signatureRequest signed original
DrywallYes, 8 workersNot receivedEmail PM and owner
ConcreteNoNo-work statementOKFile
RoofingYes, 4 workersMonday2 workers listed as Laborer doing roofingAsk for time records or correction
Fire sprinklerYes, 3 workersTuesdayOKSubmit

By Wednesday, mechanical has sent a properly signed copy and drywall has sent theirs. Roofing says the two workers were hauling tear-off debris, but the daily log shows them on the roof all week. The GC asks roofing to correct the classification and pay the difference before its next pay application is approved. That conversation is far cheaper now than after an investigator interviews the two workers.

What to do when a sub will not comply

Most late payrolls come from small subs with a one-person office, not bad actors. A phone call and a copy of a correctly completed report usually fixes it. When it does not, escalate in writing: a notice that the sub is in breach of the subcontract's payroll requirement, the specific weeks missing, and the date by which payment will be held. Keep copies of every request. If a sub's payroll shows workers paid below the wage determination, do not just forward it. Ask for a corrected payroll and proof of restitution to the workers, and tell your contracting officer what you found and how it was fixed. Hiding a known underpayment turns a sub's error into your certification problem.

Mistakes to avoid

  • Accepting payrolls without reading them. You are certifying a process, not forwarding mail.
  • Not knowing who the lower-tier subs are until one of them files a complaint.
  • Paying subs in full while payrolls are months behind, which removes your only leverage.
  • Letting the wage determination drop out of the subcontract or the sub's purchase orders.
  • Keeping sub payrolls in email threads instead of one job folder for the 3-year retention period. See construction document retention.

Templates and tools

Give subs the certified payroll template and the guide on how to fill out the WH-347 so reports arrive in a consistent format. For the broader compliance file on each sub, see how to automate subcontractor compliance.

Smart Business Automator tracks which subcontractor payrolls are in, missing, or need correction for each week on each covered job, and flags missing items before a sub payment is released. See subcontractor compliance automation.

Frequently asked questions

Is the prime contractor responsible for subcontractor certified payroll?

Yes. 29 CFR 5.5(a)(3)(ii) makes the prime contractor responsible for the submission of all certified payrolls by all subcontractors, and DOL says primes are ultimately responsible for compliance by subcontractors of any tier.

Can I hold a subcontractor's payment for missing certified payroll?

If your subcontract allows it, holding payment is a common way to get payrolls in. Check the subcontract wording and your state's prompt payment rules first, since some states limit what can be withheld and when.

Do lower-tier subcontractors have to submit certified payroll?

Yes. Every subcontract at any tier under a covered prime contract is covered, and their payrolls come up through the chain to the prime, who submits them.

How long should I keep subcontractor payrolls?

29 CFR 5.5 requires the prime contractor to keep certified payrolls for 3 years after all work on the prime contract is complete. Keep them in the job folder with your own.

Sources

  1. 29 CFR 5.5, Contract provisions and related matters (Cornell LII copy)
  2. U.S. Department of Labor: Fact Sheet 66C, Labor Standards Clauses and Subcontract Agreements
  3. U.S. Department of Labor: Instructions for Form WH-347
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

Get a free assessment