SJC hears dispute over whether Veoliamaintenance and replacements trigger Massachusetts prevailing-wage law

During oral argument in SJC-13804, the Supreme Judicial Court considered whether the phrase "the construction and design of improvements" in Section 6 of the 1997 special act that governs the Springfield Water and Sewer Commission should be read to incorporate the definition of "construction" under Massachusetts' Prevailing Wage Act.

Terence Coles, counsel for the appellants Jeremiah Nicholls et al., told the court the First Circuit certified a question asking what that statutory phrase means and argued it should be read "the same meaning as construction under the Prevailing Wage Act." Coles said the record shows Veolia performs replacement work at the commissionincluding large items such as aeration basins, bridges and pumpsand that past agency interpretations and case law treating replacement or repaving as an "improvement" support prevailing-wage coverage. "The improvements that are occurring at the…