Kitson Bros. v. Commonwealth

Opinion by

Judge Menoer,

Kitson Brothers, Inc. (petitioner) appeals from an order of the Pennsylvania Prevailing Wage Appeals Board (Board) which affirmed the decision of the Secretary of Labor and Industry that petitioner had intentionally violated Section 5 of the Pennsylvania Prevailing Wage Act (Act), Act of August 15, 1961, P.L. 987,43 P.S. §165-5. We reverse.

Petitioner was awarded a contract by the Department of Property and Supplies to replace the roof on Cell Block C at Graterford State Correctional Institution. The work consisted primarily of replacing the old 4-ply felt and coal tar…