290.210. Definitions. - Missouri Statutes

Definitions.

290.210. As used in sections 290.210 to 290.340, unless thecontext indicates otherwise:

(1) "Construction" includes construction, reconstruction,improvement, enlargement, alteration, painting and decorating, ormajor repair.

(2) "Department" means the department of labor andindustrial relations.

(3) "Locality" means the county where the physical work uponpublic works is performed, except that if there is not availablein the county a sufficient number of competent skilled workmen toconstruct the public works efficiently and properly, "locality"may include two or more counties adjacent to the one in which thework or construction is to be performed and from which suchworkers may be obtained in sufficient numbers to perform thework, and that, with respect to contracts with the state highwaysand transportation commission, "locality" may be construed toinclude two or more adjacent counties from which workmen may beaccessible for work on such construction.

(4) "Maintenance work" means the repair, but not thereplacement, of existing facilities when the size, type or extentof the existing facilities is not thereby changed or increased.

(5) "Prevailing hourly rate of wages" means the wages paidgenerally, in the locality in which the public works is beingperformed, to workmen engaged in work of a similar characterincluding the basic hourly rate of pay and the amount of the rateof contributions irrevocably made by a contractor orsubcontractor to a trustee or to a third person pursuant to afund, plan or program, and the amount of the rate of costs to thecontractor or subcontractor which may be reasonably anticipatedin providing benefits to workmen and mechanics pursuant to anenforceable commitment to carry out a financially responsibleplan or program which was communicated in writing to the workmenaffected, for medical or hospital care, pensions on retirement ordeath, compensation for injuries or illness resulting fromoccupational activity, or insurance to provide any of theforegoing, for unemployment benefits, life insurance, disabilityand sickness insurance, accident insurance, for vacation andholiday pay, for defraying costs of apprenticeship or othersimilar programs, or for other bona fide fringe benefits, butonly where the contractor or subcontractor is not required byother federal or state law to provide any of the benefits;provided, that the obligation of a contractor or subcontractor tomake payment in accordance with the prevailing wagedeterminations of the department, insofar as sections 290.210 to290.340 are concerned, may be discharged by the making ofpayments in cash, by the making of irrevocable contributions totrustees or third persons as provided herein, by the assumptionof an enforceable commitment to bear the costs of a plan orprogram as provided herein, or any combination thereof, where theaggregate of such payments, contributions and costs is not lessthan the rate of pay plus the other amounts as provided herein.

(6) "Public body" means the state of Missouri or anyofficer, official, authority, board or commission of the state,or other political subdivision thereof, or any institutionsupported in whole or in part by public funds.

(7) "Public works" means all fixed works constructed forpublic use or benefit or paid for wholly or in part out of publicfunds. It also includes any work done directly by any publicutility company when performed by it pursuant to the order of thepublic service commission or other public authority whether ornot it be done under public supervision or direction or paid forwholly or in part out of public funds when let to contract bysaid utility. It does not include any work done for or by anydrainage or levee district.

(8) "Workmen" means laborers, workmen and mechanics.

(L. 1957 p. 574 § 1, A.L. 1965 p. 438, A.L. 1969 S.B. 142)

(1981) Industrial development projects are not subject to the Prevailing Wage Act unless the projects constitute "public works" and involve workmen employed by or on behalf of a public body engaged in public works. State ex rel. Ashcroft v. City of Sedalia (Mo.App.W.D.), 629 S.W.2d 578.

(1993) Statute of limitations period for claims for failure to pay prevailing wage for public works governed by section 516.110, RSMo, for actions based on writing and not governed by statute of limitations for unpaid minimum wages in section 516.140, RSMo. City of Kansas City v. Integon Indemnity Corp., 857 S.W.2d 233 (Mo.App.W.D.).