State ex rel Laszewski v. R. L. Persons Construction6/23/2004
Opinion Vote: AFFIRMED. Barney, P.J., and Garrison, J., concur.
Opinion:
AFFIRMED
This case presents an action by a laborer for unpaid wages brought against a general contractor and a surety for work performed on two public works construction projects. Both Appellant, Brandon Laszewski ("Laszewski" ;), and Respondents, R.L. Persons Construction, Inc. ("RLP") and United States Fidelity and Guarantee Company ("USF&G;), appeal from the trial court's judgment awarding $40,282.73 to Laszewski.
In reviewing a court-tried case, we must affirm the trial court's judgment unless the judgment is not supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Substantial evidence is competent evidence from which the trier of fact could reasonably decide the case. Wallace v. Van Pelt, 969 S.W.2d 380, 382 (Mo. App. W.D. 1998). We view the evidence in the light most favorable to the judgment. Searcy v. Seedorff, 8 S.W.3d 113, 116 (Mo. banc 1999). The credibility of witnesses and the weight to be given their testimony is a matter for the trial court, which is free to believe all, part, or none of the testimony of any witness. Harris v. Desisto, 932 S.W.2d 435, 443 (Mo. App. W.D. 1996).
The record reveals that RLP, a general construction contractor, was awarded two public works contracts in 1998 and 1999. The first project was for the construction of the Blanchard Elementary School in Cape Girardeau, Missouri, ("the Cape project"), and the second project was for the construction of the New Madrid Juvenile Center in New Madrid, Missouri ("the New Madrid project") (collectively, "the public works projects"). In 1999, RLP also accepted a non-public works contract with American Superstores to construct a commercial building in Poplar Bluff, Missouri (" ;the Poplar Bluff project"). RLP enlisted USF&G;as a surety and USF&G;issued payment and performance bonds to cover RLP on the public works projects. As both the Cape project and the New Madrid project met the definitions of Missouri's Prevailing Wage Act ("the Act") as "new construction by a public body," RLP was required by Section 290.230 to pay " ot less than the prevailing hourly rate of wages for work of a similar character in the locality."
On June 29, 1998, RLP and Griffin Electric ("Griffin"), a business owned by Gaylon Griffin, entered into a subcontract agreement wherein Griffin subcontracted to perform electrical work on the Cape project by providing labor and materials in exchange for a quoted contract price of $328,687.00. Later, Griffin also agreed to perform electrical work for RLP on both the New Madrid Project and the Poplar Bluff project.
Laszewski, who was not a licensed electrician, worked intermittently for Griffin between 1996 and 1999. Though on previous occasions, and on the Poplar Bluff project, Griffin had paid him $8.00 per hour, Laszewski was paid $12.70 per hour for his work on the public works projects. The prevailing wage for an electrician on the particular public works projects at issue was $36.55 per hour.
On July 12, 2001, the Division of Labor Standards notified Laszewski that, after investigating a complaint filed with their office, they believed that Laszewski had been underpaid for the work he did on the two public works projects for RLP and Griffin. Laszewski brought suit under Section 290.300 against both RLP, the prime contractor on the projects, and USF&G; as the surety, alleging that he had been underpaid and should have received $36.55 per hour, the prevailing wage for an electrician on those projects. RLP then
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