Prevailing wage: If the estimated cost for a public works construction project is $75,000 or less, but cost overruns actually push the cost to $80,000, should the public entity pay the prevailing wage or the public works contracting minimum wage (PWCMW) for the project? If so, should such wage be paid for the entire project or only for the part of the project over $75,000?
However, Sec. 290.220 and 290.230 set forth the public policy intent that no contractor will be allowed to pay less than either the prevailing wage or the PWCMW wage where appropriate. When read together, these statutes would appear to make it the duty of both parties to seek a change order if cost overruns pushed the cost of the project over the $75,000 limit. To avoid doing so might demonstrate intent to avoid the law.
However, DOLIR is not able to provide legal guidance on individual contracts and how they might interact
with Missouri law.