Litigation Associate, Fran Notarianni, authored this article in The Legal Intelligencer on the arguments presented in 500 James Hance Court v. Pennsylvania Prevailing Wage Appeals Board, 33 A.3d 555 (Pa. 2011) and if its ruling is still relevant today. Based on the ruling, courts consider risk allocation when they assess the economic realities of a construction project for purposes of determining whether the Prevailing Wage Act applies to a project. However, this may not be the best approach today as the risk analysis is not aligned with the Prevailing Wage Act’s plain language or purpose and it is unclear why the government bears any economic risks for a project.
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