The details of the proposal and its applicability / interpretation within the state of Illinois are developing. A similar law however was enacted in California last year (1/1/2018). The law is intended for private work, but there is no precedent that limits applicability to public work. The CA construction market is interpreting the law broadly, and is taking the changes in stride.I'm told California GCs have responded by amending their subcontracts. In response to the law, GCs are contractually pushing this risk down to subcontractors. Long story short, the GCs are ensuring the subcontracts contain clauses that permit the GCs full access and auditing rights to the subcontractors' records. GCs are requiring the ability to access/audit subcontractors' records on a weekly, monthly, quarterly etc. basis to ensure subcontractor is paying their own workers.Illinois GCs may want to work with legal counsel to pursue a similar strategy or other alternatives.
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