Private Attorney General Statute: $73,167.50 Worker Prevailing Wage Construction Fee Award Affirmed On Appeal

Sixth District Finds that Construction Prevailing Wage Ruling For 900 Construction Workers Met CCP § 1021.5 Requisites.

     Monterey/Santa Cruz County Bldg. & Constr. Trades Council v. Cypress Marina Heights LP, Case No. H034143 (6th Dist. Jan. 10, 2011) (unpublished) involved a situation where plaintiffs won a proceeding against a defendant which acquired Ford Ord for a development project, with plaintiffs vindicating certain construction workers claiming they should be paid a prevailing wage on the project. The trial court awarded plaintiffs $73,167.50 in attorney’s fees under CCP § 1021.5 (California’s private attorney general statute) out of a requested $212,550 in fees.

     Fee award affirmed. Plaintiffs’ vindication of prevailing wage requirements did vindicate a public interest and revitalized a local economy, with the result benefitting a large class of individuals–900 construction workers. The amount of the fee award was reasonable, given that only 35% of the requested amount was awarded.

Sailors on land--agile construction workers on a suspended iron section, 200 feet above ground, New York City.  1907.

  NYC Construction Workers 200 Feet Above Ground.  1907.

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