Construction, prosecution, completion, or repair
Construction, prosecution, completion, or repair. The term construction, prosecution, completion, or repair means the following: (1) These terms include all types of work done (i) On a particular building or work at the site of the work, as defined in this section, by laborers and mechanics employed by a contractor or subcontractor, or (ii) In the construction or development of a project under a development statute. (2) These terms include, without limitation (except as specified in this definition): (i) Altering, remodeling, installation (where appropriate) on the site of the work of items fabricated offsite; (ii) Painting and decorating; (iii) Manufacturing or furnishing of materials, articles, supplies or equipment, but only if such work is done by laborers or mechanics (A) Employed by a contractor or subcontractor, as defined in this section, on the site of the work, as defined in this section, or (B) In the construction or development of a project under a development statute; (iv) Covered transportation, defined as any of the following activities: (A) Transportation that takes place entirely within a location meeting the definition of site of the work in this section; (B) Transportation of one or more significant portion(s) of the building or work between a secondary construction site as defined in this section and a primary construction site as defined in this section; (C) Transportation between an adjacent or virtually adjacent dedicated support site as defined in this section and a primary construction site or secondary construction site as defined in this section; (D) Onsite activities essential or incidental to offsite transportation, defined as activities conducted by a truck driver or truck driver's assistant on the site of the work that are essential or incidental to the transportation of materials or supplies to or from the site of the work, such as loading, unloading, or waiting for materials to be loaded or unloaded, but only where the driver or driver's assistant's time spent on the site of the work is not de minimis; and (E) Any transportation and related activities, whether on or off the site of the work, by laborers and mechanics employed in the construction or development of the project under a development statute. (v) Demolition and/or removal, under any of the following circumstances: (A) Where the demolition and/or removal activities themselves constitute construction, alteration, and/or repair of an existing building or work. Examples of such activities include the removal of asbestos, paint, components, systems, or parts from a facility that will not be demolished; as well as contracts for hazardous waste removal, land recycling, or reclamation that involve substantial earth moving, removal of contaminated soil, re-contouring surfaces, and/or habitat restoration. (B) Where subsequent construction covered in whole or in part by the labor standards in this part is contemplated at the site of the demolition or removal, either as part of the same contract or as part of a future contract. In determining whether covered construction is contemplated within the meaning of this provision, relevant factors include, but are not limited to, the existence of engineering or architectural plans or surveys of the site; the allocation of, or an application for, Federal funds; contract negotiations or bid solicitations; the stated intent of the relevant government officials; and the disposition of the site after demolition. (C) Where otherwise required by statute. (3) Except for transportation that constitutes covered transportation as defined in this section, construction, prosecution, completion, or repair does not include the transportation of materials or supplies to or from the site of the work.