HI SB2961

General contractors are made liable for unpaid wages owed by subcontractors at any tier to workers who performed labor on private construction projects not subject to chapter 104.

General contractor liability is limited to unpaid wages and interest only, excluding penalties, liquidated damages, and fringe benefits.

The Director of Labor may enforce contractor liability, and joint labor-management committees may bring court actions against general contractors or subcontractors for unpaid wages, with prevailing parties entitled to attorney's fees and costs.

Committees must provide written notice to general contractors and subcontractors within 90 days of last labor performed or 45 days after project completion, and actions must be filed within one year after actual completion of work.

General contractors may request and withhold payment from subcontractors who fail to timely provide payroll records and project award information; the Act takes effect July 1, 2051.