Tippett

Plaintiff brings this action as a test case to establish the right of a construction worker on public works projects to recover prevailing wages from his employer. While we agree with the plaintiff that common law contract causes of action are generally available to the employee, we find that plaintiff has not established a right to recover under the facts of this case.

Facts and Procedural History

Plaintiff Bradley Tippett was employed as a chainman on a surveying crew from September 1,1980, through February 28,1982, and from April 1, 1984, through October 31, 1987. His employer was To-Mac Engineering, a partnership of defendants Anthony J. Terich and John P. MacMahan.

During his employment, Mr. Tippett worked on both private and public works projects and was paid wages ranging from $7.50 per hour to $10.30 per hour. At the same time, the prevailing wage on public works projects ranged from $16.34 per hour to $26.15 per hour.

On June 8, 1989, Mr. Tippett filed suit against his employer, alleging that his oral contract of employment was breached by the payment of wages on public works projects less than the prevailing wage set by the Director of the Department of…