Every contract within the scope of this Chapter shall contain the further provision that in the event it is found by the contracting officer that any laborer or mechanic employed by the contractor has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the government of Guam may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages, and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the government of Guam for any excess costs occasioned the government of Guam thereby.

SOURCE: GC § 10301 added by P.L. 10-143.

§ 55103. Payment of Wages by Treasurer of Guam: Listing of
Contractors in Violation.

(a) The Treasurer of Guam is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to this Chapter, and the Treasurer is further authorized and is directed to distribute a list to all departments of the government of Guam giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontrac-

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5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 55 PREVAILING WAGES IN PUBLIC CONTRACTS

tors. No contract shall be awarded to the persons or firms appearing on this list, or to any firm, corporation, partnership, or association in which such persons or firms have an interest, until three years have elapsed from the date of publication of the list containing the names of such persons or firms.

(b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics, with respect to whom there has been a failure to pay the wages required pursuant to this Chapter, such laborers and mechanics shall have the right of action or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor and materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.

SOURCE: GC § 10302 added by P.L. 10-143.