contract-law labor-law payment costs construction-law
Can different rates be charged for the same individual performing multiple labor categories?
<p>I am performing work on a T&amp;M basis for a municipal corporation (i.e. counties, cities, towns, port districts, water-sewer districts, school districts, metropolitan park districts, or such other units of local government which are authorized to issue obligations).</p>

<p>Different portions of the work require different technical skill sets, and these labor category qualifications are specified in the contract along with the associated labor rate.</p>

<p>If a single employee has or exceeds the required qualifications for two or more categories, can their time be billed for their time spent performing each category and should the hourly rate be used for the category being performed?</p>

<p>So long as this is not inconsistent with the clear language of the contract, it is allowed. </p>

<p>If you have a role in drafting the contract you should seek to clarify that point in contract language. </p>

<p>If the contract is in place, you should disclose this fact, ideally in writing, so you are not later accused of fraud and so that if the municipal corporation does not object, you can assert a defense of waiver to any claim of breach of express contract.</p>
