The 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?”