First Circuit Reverses Veolia Wage Win, Remands Prevailing-Pay Case After 2 SJC Answers
Updated
Updated · Rhode Island Lawyers Weekly · Aug 23
First Circuit Reverses Veolia Wage Win, Remands Prevailing-Pay Case After 2 SJC Answers
1 articles · Updated · Rhode Island Lawyers Weekly · Aug 23
Summary
A 1st Circuit panel vacated Veolia’s summary-judgment victory and sent the prevailing-wage dispute back to district court for prompt further proceedings.
Two Massachusetts SJC answers to certified questions undercut both legal interpretations the district court had used to rule that the Prevailing Wage Act did not apply.
Veolia employees seek prevailing wages for repair and replacement work performed under the company’s service contract with the Springfield Water and Sewer Commission.
The district court must now decide whether that work qualifies as the “construction and design of improvements” covered by Section 6 of a 1997 special act, along with any remaining factual and legal issues.