§ 9.110. Certification of rate of wage and payment by contractor orsubcontractor.
(a) It is the duty of the treasurer or other officer charged with the custody and disbursement of public funds applicable to the public work contract under and pursuant to which payment is made, to require the contractor and subcontractor to file a statement each week and a final statement at the conclusion of the work on the contract with the contracting agency under oath in form satisfactory to the Secretary certifying that workmen have been paid wages in strict conformity with the contract as prescribed by § 9.103(7) (relating to required provisions) or if wages remain unpaid to set forth the amount of wages due and owing to each workman respectively.
(b) It is the duty of the treasurer or other officer charged with the custody and disbursement of public funds to withhold the amount of wages unpaid or not paid in accordance with § 9.103 for the benefit of the workman whose wages have not been paid by the contractor and he may pay directly to a workman the amount shown to be due him. Each contractor and subcontractor shall also certify that he is not receiving or requiring, or will not receive or require, directly or indirectly, from a workman a refund of the minimum wage.
(c) A contractor or subcontractor who shall, under oath, verify the statements required to be filed under section 10 of the act (43 P. S. § 165-10) which are known to him to be false, shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not exceeding $2,500 or to undergo imprisonment not exceeding 5 years, or both.
Notes of Decisions Public Records
Certified payroll records in the custody of a school district for contractual roofing work performed on three school district buildings by a nonunion roofing company were an essential component of the school district’s decision regarding whether and what amount to pay the roofing company, where the regulations implementing the Prevailing Wage Act (43 P. S. § § 165-1—165-17), require the officer of the public body charged with custody of the public funds to ensure that all wages due to workers by the contractor are paid, and if not, the officer must withhold the amount of unpaid wages from disbursements to the contractor. Sapp Roofing Co., Inc. v. Sheet Metal Workers’ International Association, Local Union No. 12, 713 A.2d 627 (Pa. 1998).
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