Developer of build-to-suit lease for benefit of Pennsylvania State Police sought review of decision of Prevailing Wage Appeals Board (PWAB), finding that project was a “public work” subject to Prevailing Wage Act (PWA).
The Commonwealth Court reversed. Bureau of Labor Law Compliance petitioned for review.
The Supreme Court held that:
- Totality of circumstances demonstrated that economic reality of lease was not a bona fide lease, but instead contained requirements for developer to construct a facility specifically designed for state police’s use, and
- Developer did not bear all of the risk of developing training facility.