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ARAUJO v. TIANO'S CONSTRUCTION CORP.

40 A.D.3d 458 (2007)

834 N.Y.S.2d 660

TEOFILO ARAUJO et al., Appellants, v. TIANO's CONSTRUCTION CORP. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 24, 2007.

Plaintiffs' causes of action against their employer and its surety for breach of contract, quantum meruit and unjust enrichment, based on their claims that they were paid less than the minimum prevailing wages set pursuant to the Davis-Bacon Act (now 40 USC § 3141 et seq.), were properly dismissed. No private right of action exists to enforce, either directly or indirectly, contracts requiring payment of federal prevailing wage schedules (Gonzalez v D&S...

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