PSP NE, LLC v. PWAB Pet of: BLLC

• Court: Supreme Court of Pennsylvania
• Decided: May 22, 2024
• Docket: 232 MAL 2023 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

PSP NE, LLC : No. 232 MAL 2023 : : v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court PENNSYLVANIA PREVAILING WAGE : APPEALS BOARD : : : PETITION OF: BUREAU OF LABOR LAW : COMPLIANCE :

ORDER

PER CURIAM

AND NOW, this 22nd day of May, 2024, the Petition for Allowance of Appeal is

GRANTED. The issues, rephrased for clarity, are:

1. Is risk allocation the only consideration in determining whether a pre-construction lease is covered by the Prevailing Wage Act?

2. How much risk must a developer bear to ensure that public funds do not “in part” pay for construction under 500 James Hance Court v. Pa. Prevailing Wage Appeals Bd., 33 A.3d 555 (Pa. 2011), such that a pre-construction lease does not implicate the Prevailing Wage Act?

3. Under Hance, what is the distinction between a grievant’s burden to prove a “facially legitimate lease” and the Board’s burden to prove “that the economic reality of the transaction is different from its appearance?”