Maine's prevailing wage law on public work
When does Maine prevailing wage apply to a construction contract?
The projects the chapter covers
Maine's prevailing wage chapter applies to public works: public schools, buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, waterworks, airports and other structures funded in whole or in part by state funds.
The money, not the owner, decides. A town project paid with state dollars is covered the same as a state agency's own, which is why the chapter reaches municipalities through their funding sources.
The threshold is the contract amount: the chapter applies where the contract amounts to $50,000 or more. The construction definition separately excludes contracts of less than $10,000, so a small job inside a covered structure can still fall outside.
$50,000Under 26 M.R.S. §1304(8), public works covers state-funded construction of $50,000 or more, including public schools, roads, bridges, sewers, waterworks and airports. — Maine Revised Statutes, Title 26, §1304, retrieved 2026-09-29
$10,000Under 26 M.R.S. §1304(2), construction covered by the chapter excludes any contract of less than $10,000, as well as engineering or architectural services and temporary or emergency repairs. — Maine Revised Statutes, Title 26, §1304, retrieved 2026-09-29
The rates and where they come from
The Bureau of Labor Standards determines the prevailing hourly wage and benefits rate for each classification in the construction industry, using three data sets: a July wage survey, certified payroll data from state public works, and federal Davis-Bacon data for the same classification.
The bureau uses the highest of the three for each classification. That structure means a trade's rate cannot quietly trail the federal floor, whichever survey lags.
The 2026 construction prevailing wage rates took effect January 10, 2026, and are calculated by region rather than county. The bureau publishes them by county selection and project category on its prevailing wage pages.
Under 26 M.R.S. §1308, the bureau sets rates from a July wage survey, certified state payroll data and federal Davis-Bacon data, using the highest of the three. — Maine Revised Statutes, Title 26, §1308, retrieved 2026-09-29
January 10, 2026The Maine Bureau of Labor Standards published 2026 construction prevailing wage rates effective January 10, 2026, calculated by region instead of county. — Maine Bureau of Labor Standards, retrieved 2026-09-29
How a covered contract is bid
The public authority must ask the Director of the Bureau of Labor Standards for the fair minimum rate of wages and benefits before advertising a covered contract for bids.
The successful bidder's contract must contain the wage and benefits provisions, and the rates must be kept posted at the work site where workers can read them. A clearly legible statement of the fair minimum rates is what the posting statute asks for.
So the rates are in the bid documents before your price exists. Estimating a covered job means pricing labor at the published classification rates, not at what your crew earned last month.
Under 26 M.R.S. §1306, the public authority must obtain the fair minimum wage rate from the bureau's Director before advertising for bids. — Maine Revised Statutes, Title 26, §1306, retrieved 2026-09-29
Under 26 M.R.S. §1310, a clearly legible statement of all fair minimum wage and benefits rates must be kept posted at the work site. — Maine Revised Statutes, Title 26, §1310, retrieved 2026-09-29
The payroll records the chapter demands
The contractor and each subcontractor must keep an accurate record of every laborer, worker, mechanic and independent contractor on the job: names, occupations, hours worked, job titles, the hourly rate or other method of pay, and the actual compensation paid.
A copy must sit at the job site, open to inspection by the Bureau of Labor Standards and the public authority at reasonable hours. A copy must also be filed monthly with the authority that let the contract.
The filed records are public records, with privacy rules protecting personal information like Social Security numbers, but not hiding classifications or remuneration. Three years after the contract ends, the obligation ends.
3 yearsUnder 26 M.R.S. §1311, wage records covering every worker must be kept at the job site, open to inspection, and filed monthly, for up to 3 years after the contract ends. — Maine Revised Statutes, Title 26, §1311, retrieved 2026-09-29
What a violation costs
A contractor or subcontractor who willfully and knowingly violates the chapter faces a forfeiture of not less than $250, with the same floor for an unfair-agreement violation.
Underpaid workers have their own remedy. A worker paid less than the posted fair minimum rate may recover the difference, a penalty equal to the difference, and reasonable attorney's fees, though the surety is not liable for the penalty or the fees.
Assisted projects carry their own sanction: a violation is a material breach of the instrument through which the state assistance is provided, and the agency can end the assistance and recoup what it provided. Rate changes themselves can be objected to, in writing, before the bureau's stated objection date.
$250Under 26 M.R.S. §1312, willful and knowing violations carry a forfeiture of not less than $250, and underpaid workers may recover double the difference plus attorney's fees. — Maine Revised Statutes, Title 26, §1312, retrieved 2026-09-29
January 20, 2026The Maine Bureau of Labor Standards accepts written objections to adjusted 2026 prevailing wage rates, which must be received before January 20, 2026. — Maine Bureau of Labor Standards, retrieved 2026-09-29
The renewable energy wrinkle and the federal overlay
The chapter also reaches assisted projects: renewable energy projects of 2 megawatts or more where the state provides certifications or other economic assistance, with bids or proposals initiated on or after January 1, 2023.
When federal money is in the project instead, the wage floor comes from Washington. The Davis-Bacon page covers that floor and its $2,000 threshold, which is far lower than the state's.
A job can carry both. A state road project built with federal aid answers both chapters, and the payroll you keep for one is the payroll the other wants to see. Budget the classification rates first, as the cost page does, and price the job second.
2 megawattsUnder 26 M.R.S. §1304(1-A), assisted projects include renewable energy projects of 2 megawatts or more, bid or proposed on or after January 1, 2023, that receive state certifications or assistance. — Maine Revised Statutes, Title 26, §1304, retrieved 2026-09-29
Questions
Does prevailing wage apply to a small repair job on a public building?
Only past the thresholds. The chapter's construction definition excludes contracts of less than $10,000, and the public works definition requires a contract of $50,000 or more with state funding. A small repair inside a covered building can fall outside both.
Does the rate change if my crew is nonunion?
The rate is set by classification, not by bargaining status. The bureau collects union rates as one input among three data sets, then uses the highest for each classification, so the same published rate applies to every contractor on the covered project.
Do I post the rates myself or does the state?
The posting duty sits with the contract. A clearly legible statement of the fair minimum rates must be kept posted at the work site where workers can read it, and the contract must contain the wage and benefits provisions.
Where do I find the current Maine prevailing wage rates?
The Bureau of Labor Standards publishes construction prevailing wage rates by region on its prevailing wage pages, organized by county selection and project category, with notices of each year's effective date.