Monday, September 15, 2014
4TH CIRCUIT: DAVIS BACON ACT DOES NOT GIVE RISE TO PRIVATE RIGHT OF ACTION
The 4th Circuit Court of Appeals recently addressed whether the Davis Bacon Act, 40 U.S.C.A. §§ 3141 et seq., bestows a private right of action. In Quezada, et al. v. Clark Construction Group, LLC, et al., a Maryland federal district court granted a defendant contractor's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), finding the Davis Bacon Act does not give rise to a private right of action. The 4th Circuit affirmed, citing cases from various other jurisdictions, including the 2nd and 5th Circuits, which have concluded that neither the language, history nor structure of the Act support the implication of a private right of action. It remains to be seen whether this issue will make its way to the U.S. Supreme Court. However, the reasoning of the various Courts of Appeal appears sound.