Summary
In Gonzalez v. DS Zaffuto Joint Venture (271 AD2d 356 [1st Dept 2000]), the Court held that plaintiffs do not have a claim for breach of contract or quantum meruit on the grounds that a private right of action does not exist under the Davis-Bacon Act.
Summary of this case from Cox v. NAP Construction Co.Opinion
April 25, 2000.
Order, Supreme Court, Bronx County (George Friedman, J.), entered March 3, 1998, which, insofar as appealed from as limited by the briefs, denied plaintiffs laborers' motion for class certification, and granted defendants employers' and surety's cross motion for summary judgment dismissing plaintiffs' causes of action to recover Federal prevailing wages on theories of breach of contract and quantum meruit, unanimously affirmed, without costs.
Michael E. Greene, for plaintiffs-appellants.
Gerard Romski, for defendants-respondents.
WILLIAMS, J.P., MAZZARELLI, RUBIN, BUCKLEY, FRIEDMAN, JJ.
Plaintiffs' claim for breach of contract was properly rejected on the ground that no private right of action exists to enforce contracts requiring payment of Federal Davis-Bacon Act (40 U.S.C. § 276a et seq.) prevailing wages (Grochowski v. Ajet Constr. Corp., 97 Civ 6269, 1999 U.S. Dist LEXIS 13473, *10-11, citing, inter alia, Majstrovic v. Maric Piping, 171 Misc.2d 429). Plaintiffs' claim for quantum meruit was properly rejected as an indirect attempt to privately enforce the Federal prevailing wage schedules (see, Majstrovic v. Maric Piping, id., at 433-434). We have considered plaintiffs' other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.