Deutsch Kerrigan represented Hard Rock Construction in a lawsuit filed by Osmel Garcia and Miguel Angel Mejia Reyes in the 24th Judicial District Court for the Parish of Jefferson for past due wages in connection with federally funded construction projects near the Baton Rouge airport and at the Port of New Orleans. Plaintiffs contended that Hard Rock failed to pay them the prevailing wages for carpenters in East Baton Rouge and Orleans Parishes, respectively. After removing the case to the Eastern District of Louisiana, we filed a Motion to Dismiss the suit and argued that the wages paid under these contracts were governed by the Davis-Bacon Act, 40 U.S.C. 3140, et seq. The plaintiffs were paid a rate that closely corresponded to the prevailing wage for laborers, but plaintiffs asserted they should have been paid as carpenters. We argued that since there is no private cause of action under the Davis-Bacon Act, according to the U.S. Fifth Circuit Court of Appeals and other circuits, and since the plaintiffs’ remedy was administrative in nature, the suit should be dismissed. Plaintiffs filed affidavits stating that the work they performed was form carpentry work, not simple laborer work. We then filed a sur-reply, arguing that the affidavits are not contracts, and that the Davis-Bacon Act does not contain a definition for carpenters or form carpenters. Further, we argued that the affidavits did not change the legal analysis that the parties argued in their briefs. The district court agreed with Hard Rock and dismissed the suit without prejudice (pending the resolution of the matter before the Labor Board). Deutsch Kerrigan attorneys were Ellis Murov and Andrew Baer.