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Supreme Court of Montana
April 16, 1985, Submitted ; May 30, 1985, Decided
[*252] [**185] This is an appeal from an award of $ 17,554.76, against the City of Bozeman for unpaid wages mandated by sections 18-2-401, et seq., MCA.
David L. Hunter, Commissioner of Department of Labor, filed a complaint against the City of Bozeman on June 3, 1982, seeking the difference in those wages paid and those wages which should have [*253] been paid pursuant to Montana's Prevailing Wage Law, referred to as the Little Davis-Bacon [**186] Act. The City's motion to dismiss based on the unconstitutionality of this Act was denied. Following a nonjury trial, the Honorable Thomas A. Olson entered [***2] findings of fact and conclusions of law on November 21, 1983, awarding damages in the amount of $ 17,554.76, against the City.
During the summer of 1981, the City of Bozeman submitted specifications for the construction of a vehicle storage building on land owned by the City. Advertisement for bids on the project resulted in only one bid, which was rejected for being too costly. Thereafter, Pollard Finance, Inc., an Idaho corporation, approached the City of Bozeman proposing the lease of a building which Pollard would construct. On November 10, 1981, Pollard and the City of Bozeman entered into a lease for the proposed storage building.
Pollard negotiated a contract with W.R. Henderson for the construction of the building. All contractors and subcontractors were hired and paid by Henderson. The City of Bozeman was not a party to the construction contract. The lease agreement between Pollard and the City of Bozeman and the Pollard-Henderson construction contract were distinct and independent contracts. In sum, the City of Bozeman owned the land upon which Henderson constructed the storage warehouse, which Pollards owned and leased back to the City.
The following issues are [***3] presented on appeal.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
216 Mont. 251 *; 700 P.2d 184 **; 1985 Mont. LEXIS 789 ***; 27 Wage & Hour Cas. (BNA) 819; 102 Lab. Cas. (CCH) P55,508
DAVID L. HUNTER, Commissioner, Dept. of Labor and Industry, State of Montana, et al., Plaintiff and Respondent, v. The CITY OF BOZEMAN, a Municipal corporation; the City of Bozeman Street Department, et al., Defendants and Appellants
Prior History: [***1] Appeal from the District Court of Gallatin County. Eighteenth Judicial District. Hon. Thomas Olson, Judge Presiding.
Disposition: Affirmed in part and vacated and remanded in part.
lease, prevailing wage, prevailing wage rate, trial court, locality, hearsay, prevailing rate of wages, contracts, letters
Public Contracts Law, Labor Laws, Business & Corporate Compliance, Wage & Hour Laws, Statutory Application, Davis-Bacon Act, Civil Procedure, Appeals, Standards of Review, General Overview, Evidence, Exceptions, Business Records, Testimony, Examination, Scope & Definitions, Prevailing Wages, Labor & Employment Law, Remedies