Psp Ne, LLC v. Pwab; Appeal Of: Bllc

Summary

The Supreme Court held that the build‑to‑suit lease for the Pennsylvania State Police is a "public work" under the Prevailing Wage Act, so prevailing‑wage requirements apply, and it reversed the Commonwealth Court’s decision. The Court emphasized that risk allocation is only one factor in a totality‑of‑circumstances analysis of whether public funds paid for construction, and it rejected the exclusive reliance on the Phoenix Field Office test. Justice Mundy concurred, agreeing with the result but criticizing the majority’s treatment of Hance and the risk‑allocation analysis.