GONZALEZ v. DS ZAFFUTO JOINT VENTURE

Plaintiffs' claim for breach of contract was properly rejected on the ground that no private right of action exists to enforce contracts requiring payment of Federal Davis-Bacon Act (40 U.S.C. § 276a et seq.) prevailing wages (Grochowski v. Ajet Constr. Corp., 97 Civ 6269, 1999 U.S. Dist LEXIS 13473, *10-11, citing, inter alia, Majstrovic v. Maric Piping, 171 Misc.2d 429). Plaintiffs' claim for quantum meruit was properly rejected as an indirect attempt to privately enforce the Federal prevailing wage schedules (see, Majstrovic v. Maric Piping, id., at 433-434). We have considered plaintiffs' other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.