Does ''Maintenance Work'' Include Changing the Property Size ?
In Kulzer Roofing, Inc. v. Department of Labor & Industry, 68 Pa. Commw. 642, 450 A.2d 259, 261 (Pa. Cmwlth. 1982), this Court held that the re-roofing of buildings "which changes or increases the size, type or extent of the roof is repair work" and not maintenance.
The Court further explained that "maintenance work" is work that "partially overhauls or patches" a roof without changing or increasing the size or extent of the roof.
In Borough of Ebensburg v. Prevailing Wage Appeals Board, 893 A.2d 181, 185 (Pa. Cmwlth. 2006), the Court held that where every bit of sidewalk and curbing was demolished prior to replacement, this was not an overhaul or mere patching expected in maintenance.
Appropriately, the Court held that destroying a sidewalk and entirely replacing it constitutes a "repair" subject to the prevailing wage requirements.