AEH Construction, Inc. v. Department of Labor

Plaintiff, AEH Construction, Inc. (AEH), filed suit for declaratory judgment against the Illinois Department of Labor (Department) seeking a declaration that it was not in violation of the Illinois Prevailing Wage Act (Act) (820 ILCS 130/6, 11a (West 1998)). The Department filed a motion to dismiss on the grounds that the complaint was premature. AEH filed a motion for summary judgment, asserting that the Prevailing Wage Act only applied to workers on a construction site. The trial court ruled that the complaint was not premature, denied the Department’s motion and granted AEH’s motion. The…