Lawsuit Challenges CPS Prevailing Wage Rule
On Friday, August 28, the Ohio Valley Associated Builders and Contractors and the Independent Electrical Contractors of Greater Cincinnati filed a lawsuit in the Hamilton County Court of Common Pleas against the Cincinnati Board of Education seeking to enjoin the Board from implementing its Responsible Bidder Resolution, which amended its Lowest Responsible Bidder policy.
At its meeting on August 24, the Board adopted the Responsible Bidder Resolution by a 4-2 vote. The Resolution provides, in essence, that contractors submitting bids for construction projects with the Cincinnati City School District must agree to pay prevailing wage rates and otherwise comply with Ohio’s prevailing wage law. While public school construction work is exempt from Ohio’s prevailing wage law, the law does not prevent a school district from applying the statute if it chooses to do so.
The lawsuit challenges the process by which the Resolution was adopted rather than the right of the Board to adopt such a rule. The Plaintiffs’ claim, among other things, that under the Board’s Bylaws and Policies, 5 votes are required to amend a Board policy. Judge Luebbers has scheduled a hearing on a temporary restraining order for September 2.
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C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.