Oregon WH-81 Notice of Public Works: who submits it and what to check

What the WH-81 is

The WH-81 is the Notice of Public Works. Under ORS 279C.835, a public agency tells the Bureau of Labor and Industries (BOLI) in writing, on BOLI's form, whenever it awards a contract subject to prevailing wage law. It is not a payroll form: under ORS 279C.845(1) your certified statements go to the agency (see our WH-38 and Oregon certified payroll guides).

Who submits it, and when

The agency submits it to BOLI's Prevailing Wage Rate Unit with the first-tier subcontractor disclosure attached (handbook). BOLI's one-pager (dated 10.1.25, stamped Archived) gives the unit's email, pwr.email@boli.oregon.gov, for WH-81 questions.

The Section B trigger is disputed between BOLI documents. The workbook and handbook text key it to the agreement date, and the handbook cites OAR 839-025-0013 for that timing. The handbook checklist and the Rev 05/2020 form mention committing funds. OAR 839-025-0013 governs no-award timing; read it on the Secretary of State site, which returned no readable text.

What the form asks

The WH-81 asks the date the specifications were first advertised and whether Davis-Bacon applies. The handbook says the rates in effect at first advertisement generally apply for the whole project, and non-residential projects under both Oregon law and Davis-Bacon must pay the higher of the state or federal rate. ORS 279C.838(1) states the state-rate half.

The fee: WH-39 and WH-40

The rate is 0.1 percent of the contract price, with a $250 minimum (ORS 279C.825(1)(b)) and a $12,500 maximum (Oregon Laws 2026, chapter 30, section 11). The awarding agency pays it (ORS 279C.825(1)(a)), sending a WH-39 with it when it submits the WH-81 (handbook).

Chapter 30 took effect June 5, 2026, and the handbook says the $12,500 cap applies to contracts a public agency awards as of that date. BOLI's WH-39 workbook and WH-40 workbook, however, apply $7,500 to a June 5 award date and $12,500 from June 6.

If the final contract amount changes by $100,000 or more, the agency submits a WH-40 within 30 days of the final progress payment (handbook). Ask the PWR Unit about the Section B trigger or the fee on a June 5 award.

If your job shows no notice or wage language

The handbook puts the exposure on the agency: civil penalties of up to $5,000 per violation, each day of an ongoing violation possibly counted separately (see ORS 279C.865(1)). Listed violations include failing to notify BOLI of an award or pay the fee, and leaving the rates or wage provision out of the contract.

Your wage duty stays: ORS 279C.840(1) requires the prevailing rate on all public works, and ORS 279C.855(1) makes a violator liable for unpaid minimum wages, including all fringe benefits, plus equal liquidated damages. Under ORS 279C.855(3), an agency that fails to state anywhere in its bid or contract documents that contractors must comply with ORS 279C.840 is jointly and severally liable for those wages with a contractor or subcontractor that had notice. The handbook states this twice without the notice qualifier.

1. Read your contract and specifications. The specifications must state the rates or incorporate a rate book by title and date; the contract must require not-less-than-prevailing pay and a public works bond (handbook).
2. Ask the agency in writing which rates apply, when it first advertised, and whether it submitted the notice.
3. Check the disclosure. If your subcontract is large enough to be listed under ORS 279C.370(1), confirm your prime listed you.
4. Pay and post anyway: keep the rates posted (ORS 279C.840(4)) and have a public works bond on file with the Construction Contractors Board before starting work unless an exception applies (ORS 279C.836(1)). Other states: our state-by-state table.

What we do

We prepare certified payroll for public works contractors. Tell us about your project.

Questions