Interpretation of Maintenance Work for Road Projects
Under Pennsylvania Prevailing Wage Act
Construction, reconstruction, demolition, alteration and/or repair work requires prevailing wages. Maintenance work does not trigger payment of Pennsylvania prevailing wages. For Pennsylvania prevailing wage purposes, maintenance work is defined as: “the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.” Maintenance work also occurs when a facility, once in usable condition, was restored to that condition by being partially overhauled or patched. 43 P.S. § 165-2(3).
Listed on attached table
(Prevailing Wage/PennDOT Treatments). The list serves only as a guide and the Bureau has the final discretion on determining Pennsylvania prevailing wage requirements.
RECENT COURT CASES
Milling and repaving of a road was non-maintenance requiring Pennsylvania prevailing wages. The percentage of the work constituting maintenance work does not determine whether prevailing wages are required where the project is also comprised of non-maintenance work. Borough of Youngwood v. Prevailing Wage Appeals Board, 938 A.2d 1198 (Pa. Cmwlth. 2007) affirmed __A.2d__, No. 8 WAP 2008 (Pa. June 4, 2008).
Reconstruction (to construct again; to rebuild; to form again or anew) and demolition requires Pennsylvania prevailing wages. Demolition and in-kind replacement of curbs and sidewalks required Pennsylvania prevailing wages. Borough of Ebensburg v. Prevailing Wage Appeals Board, 893 A.2d 181 (Pa. Cmwlth. 2006).
Important Note: Labor & Industry reviews the facts particular to the project and utilizes other relevant court cases.
PENNSYLVANIA PREVAILING WAGE ACT
Construction projects (construction, reconstruction, demolition, alteration and or repair work other than maintenance work) financed by a public body where the estimated cost is at least $25,000 require Pennsylvania prevailing wages under the Pennsylvania Prevailing Wage Act (43 P.S. §§ 165-1 through 165-17). A municipality has the responsibility of obtaining Pennsylvania prevailing wage rates from the Commonwealth, Department of Labor & Industry for a project. The public body must also include Pennsylvania prevailing wage rates in the contracts, notice for bids and advertisements. 43 P.S. § 154-4; 34 Pa. Code § 9.104.
Pennsylvania prevailing wage rates and information may be obtained from the following:
Bureau of Labor Law Compliance
1301 Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
FEDERAL PREVAILING WAGES
If the project cost exceeds $2,000 and the U.S. Government requires Federal prevailing wages, the municipality should at least utilize these wages. Where Federal prevailing wages are required, Pennsylvania prevailing wages do not have to be used. 43 P.S. § 165-15. The Bureau should review projects funded by Federal and other public sources if Federal prevailing wages are not required.