Alaska Supreme Court
Alborn Construction, Inc. v. State of Alaska, Department of Labor & Workforce Development, Labor Standards & Safety…
April 8, 2022507 P.3d 468
Summary
The court affirmed the superior court’s affirmance of the agency decision requiring prevailing wages for the entire renovation project. It held that summary adjudication was proper because the material facts were undisputed, the agency reasonably concluded that the project constituted public construction and that the later lease amendment was a sham designed to evade wage requirements, and Alborn’s estoppel and due process arguments failed. The court also held that the agency’s enforcement position was not barred by its earlier compromise-oriented coverage letter.