M.G.M. Insulation, Inc. v. Gardner

The Bath Volunteer Fire Department (BVFD), a not-for-profit fire corporation, obtained its own financing for the construction of a new firehouse and hired Petitioner as the general contractor. The Department of Labor subsequently concluded that the firehouse project was a public work subject to the prevailing wage law. BVFD agreed to indemnify Petitioner and its subcontractors against any liability resulting from their failure to pay the prevailing wages, and thereafter, the project was completed. The Appellate Division confirmed the determination that the project was subject to the prevailing wage law. The Court of Appeals reversed, holding that because no public agency, as contemplated by N.Y. Labor Law 220, was a party to the contract, the prevailing wage law did not apply. View "M.G.M. Insulation, Inc. v. Gardner" on Justia Law