Fabricating Materials for a Public Works Project at a Permanent Offsite Facility? Prevailing Wages Not Required. Excellent
I’m not one to reinvent the wheel, so I won’t.
The Case: Sheet Metal Workers’ International Association, Local 104 v. Duncan, Case No. A131489 (August 27, 2014).
The Court: California Court of Appeal for the First District.
The Issue: Whether a contractor fabricating materials on a public works project at a permanent offsite facility, and whose contract expressly stated that the project was subject to prevailing wage requirements, was required to pay prevailing wages?
The Holding: Nope.
The Most Excellent Write-Up: See my esteemed colleagues, Mona Ebrahimi, Maggie Stern and Anthony Bento‘s legal alert, Offsite Fabrication at Permanent Facility Not Subject to Prevailing Wage Law.
Have an excellent Monday.
4 Responses to “Fabricating Materials for a Public Works Project at a Permanent Offsite Facility? Prevailing Wages Not Required. Excellent”
I had a case last year (not this one) with exactly this issue! Glad it is published law now, saves some arguing.
And, alas, one less issue for us attorneys to litigate . . .
Garret,
Thanks for your posts. I enjoy reading them.
Mark Feldman
Thanks for reading Mark!