---
title: Oregon WH-81 Notice of Public Works Form | WellStanding
url: https://wellstanding.com/guides/oregon-wh-81-form/
description: The Oregon WH-81 Notice of Public Works is submitted by the public agency to BOLI, not the contractor. See the deadline, the WH-39 fee and what to check.
updated: 2026-11-05
type: guide
publisher: WellStanding Certified Payroll
---
# Oregon WH-81 Notice of Public Works: who submits it and what to check

The public agency submits the WH-81, not the contractor. Sources: [BOLI's WH-81 workbook](https://www.oregon.gov/boli/employers/Documents/WH-81_WH39_Linked_Rev%209-26.xlsx) (Rev 9-26), BOLI's [2026 handbook](https://www.oregon.gov/boli/employers/Documents/2026%20PWR%20Laws%20Handbook%206.5.26%20edition.pdf) (June 5, 2026 edition) and [ORS chapter 279C](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html).

Last reviewed November 5, 2026 against the sources it cites

The short answer

The public agency submits the WH-81, not the contractor. For an awarded contract it is due to BOLI within 30 days of the award ([ORS 279C.835](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)), with a fee of 0.1 percent of the contract price: $250 minimum, and a [$12,500 maximum for awards on or after June 5, 2026](https://www.oregon.gov/boli/employers/Documents/2026%20PWR%20Laws%20Handbook%206.5.26%20edition.pdf) ([BOLI's fee workbook](https://www.oregon.gov/boli/employers/Documents/WH-81_WH39_Linked_Rev%209-26.xlsx) switches on June 6). Where no agency awards a contract, BOLI's own documents describe the deadline differently.

- [ORS 279C.835](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html) has the public agency notify BOLI in writing, on BOLI's form, within 30 days of the contract award, with the fee and a copy of the first-tier subcontractor disclosure submitted under ORS 279C.370.
- [Oregon Laws 2026, chapter 30](https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2026orLaw0030.pdf) raised the ORS 279C.825 fee cap from $7,500 to $12,500 effective June 5, 2026, and BOLI's [handbook](https://www.oregon.gov/boli/employers/Documents/2026%20PWR%20Laws%20Handbook%206.5.26%20edition.pdf) applies the new cap to contracts awarded as of that date.
- For projects where no agency awards a contract, BOLI's [handbook](https://www.oregon.gov/boli/employers/Documents/2026%20PWR%20Laws%20Handbook%206.5.26%20edition.pdf) says the form is due when the agency enters into an agreement for the project, citing OAR 839-025-0013, while its checklist mentions committing funds.
- Under [ORS 279C.855](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(3), an agency that fails to state anywhere in its bid or contract documents that contractors must comply with the prevailing-rate rule in ORS 279C.840 is jointly and severally liable, with a contractor or subcontractor that had notice of the requirement, for unpaid minimum wages including fringe benefits.

## What the WH-81 is

The WH-81 is the Notice of Public Works. Under [ORS 279C.835](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html), 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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(1) your certified statements go to the agency (see our [WH-38](https://wellstanding.com/guides/oregon-wh-38-form/) and [Oregon certified payroll](https://wellstanding.com/guides/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](https://www.oregon.gov/boli/employers/Documents/2026%20PWR%20Laws%20Handbook%206.5.26%20edition.pdf)). BOLI's [one-pager](https://www.oregon.gov/boli/employers/Documents/PWR%20law%20one-pager%20-%20public%20agency%20responsibilites%20and%20liabilities%2010.1.25.pdf) (dated 10.1.25, stamped Archived) gives the unit's email, pwr.email@boli.oregon.gov, for WH-81 questions.

| Project | Due (workbook Instructions tab) |
| --- | --- |
| Agency awards a contract (Section A) | Within 30 days after the award ([ORS 279C.835](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)) |
| No award, Section B: $750,000 or more of public funds | When the agency enters into an agreement with a private entity for the project |
| No award, Sections C to F | At the agreement to occupy or use the project (C) or authorizing the device or project (D to F) |

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](https://secure.sos.state.or.us/oard/view.action?ruleNumber=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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(1)(b)) and a $12,500 maximum ([Oregon Laws 2026, chapter 30](https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2026orLaw0030.pdf), 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](https://www.oregon.gov/boli/employers/Documents/WH-81_WH39_Linked_Rev%209-26.xlsx) and [WH-40 workbook](https://www.oregon.gov/boli/employers/Documents/Public%20Works%20Fee%20Adjustment%20Form%20(WH-40)%20Rev%208-6-2026.xlsx), 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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(1) requires the prevailing rate on all public works, and [ORS 279C.855](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(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](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html)(1)). Other states: our [state-by-state table](https://wellstanding.com/guides/certified-payroll-requirements-by-state/).

## What we do

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

## Questions

**Does the contractor submit the WH-81?**

No. The public agency does (ORS 279C.835). Where no agency awards a contract, the handbook has the agency that funds the project, occupies it or allows the work on its property submit it.

**Who pays the Oregon prevailing wage fee?**

The agency that awards the contract (ORS 279C.825(1)(a)); where none does, the agency that enters into the agreement (handbook).

**What if the agency never submitted the notice?**

The handbook lists failing to notify BOLI of an award as a violation, with civil penalties of up to $5,000 per violation.

**Where is the blank form?**

BOLI's document library serves a WH-81 and WH-39 workbook marked Rev 9-26 and an older [Word WH-81](https://www.oregon.gov/boli/employers/Documents/wh81.docx) marked Rev 05/2020. The one-pager places the form in the Public Agency Forms table on BOLI's [prevailing wage page](https://www.oregon.gov/boli/employers/pages/prevailing-wage.aspx), which returned no readable text to automated access. Check it for the current version.

## Sources

Every figure on this page links to its source where it first appears. The full list, in order:

1. [BOLI's WH-81 workbook](https://www.oregon.gov/boli/employers/Documents/WH-81_WH39_Linked_Rev%209-26.xlsx) oregon.gov
2. [2026 handbook](https://www.oregon.gov/boli/employers/Documents/2026%20PWR%20Laws%20Handbook%206.5.26%20edition.pdf) oregon.gov
3. [ORS chapter 279C](https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html) oregonlegislature.gov
4. [Oregon Laws 2026, chapter 30](https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2026orLaw0030.pdf) oregonlegislature.gov
5. [one-pager](https://www.oregon.gov/boli/employers/Documents/PWR%20law%20one-pager%20-%20public%20agency%20responsibilites%20and%20liabilities%2010.1.25.pdf) oregon.gov
6. [OAR 839-025-0013](https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-025-0013) secure.sos.state.or.us
7. [WH-40 workbook](https://www.oregon.gov/boli/employers/Documents/Public%20Works%20Fee%20Adjustment%20Form%20(WH-40)%20Rev%208-6-2026.xlsx) oregon.gov
8. [Word WH-81](https://www.oregon.gov/boli/employers/Documents/wh81.docx) oregon.gov
9. [prevailing wage page](https://www.oregon.gov/boli/employers/pages/prevailing-wage.aspx) oregon.gov

## Related

- [Oregon WH-38, explained](https://wellstanding.com/guides/oregon-wh-38-form/)
- [Oregon certified payroll, start to finish](https://wellstanding.com/guides/oregon-certified-payroll/)
- [Certified payroll requirements by state](https://wellstanding.com/guides/certified-payroll-requirements-by-state/)
- [California's PWC-100, the agency project notice](https://wellstanding.com/guides/pwc-100-explained/)