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Bidding requirements vs Prevailing wage requirements

WP
William P. Leeson
Wed, Oct 16, 2019 2:49 PM

In Bethlehem, generally, we apply the statutes independently. If one applies and the other doesn't we'll look to apply the one that applies rather than infer an exception. We favor a more conservative approach to preempt challenges and protect public funds (even though, to some, paying prevailing sometimes seems at odds with the the goal of conserving funds). We prefer to avoid tieing the statutes together out of concern that it invites unnecessarily creative interpretations with the effect of avoidance of statutory requirements.

William P. Leeson, Esq.

In Bethlehem, generally, we apply the statutes independently. If one applies and the other doesn't we'll look to apply the one that applies rather than infer an exception. We favor a more conservative approach to preempt challenges and protect public funds (even though, to some, paying prevailing sometimes seems at odds with the the goal of conserving funds). We prefer to avoid tieing the statutes together out of concern that it invites unnecessarily creative interpretations with the effect of avoidance of statutory requirements. William P. Leeson, Esq.