Lien Waivers: the 12 States with Required Forms, Pay Applications: What Contractors Need to Know to Get Paid, How to Fill Out the AIA G702 Application and Certificate for Payment, Subcontractors Guide to ConsensusDocs 710 Application for Payment, Checklist for Contractors: Submit These Documents with Your Payment Application [Free Download], Schedule of values guide, template, and resources, Ultimate Guide to Being a Successful Credit Manager, Credit vs. The accurate record of employment and wage payments required to be kept and preserved by contractors and subcontractors on public work shall include at least the following information: (2) The craft, if applicable, the classification within each craft, and any other classification including apprenticeship, at which the workman worked. With Michigan repealing its 1965 law, there are now 24 states without a prevailing wage law with five of those states . 9.110. It's calculated What is a cost-plus contract and how is it used in the construction industry? Are ByBlocks a Viable Eco-Friendly Alternative to Cinderblocks? Project County: Administrator/Awarding Agency: . Labor & Industry Building. Mid Range Annual . Authorized deduction - Those deductions which are authorized by the Wage Payment and Collection Law (43 P. S. 260.1 - 260.45), approved July 14, 1961 and the Regulations of the Department of Labor and Industry issued pursuant thereto. Classification - Specific categories of jobs which are performed within a "craft" as defined in this section. This section cited in 34 Pa. Code 9.104 (relating to duty of the public body). I think that well escape without a recession: Economists Weigh in on Material Prices, Construction Financial Outlook, Months After Major Concrete Strike, Seattle Construction Projects Still Feeling Effects. Overtime in PA. New Regulations. Project County: Berks County . 35 - 45) or section 1 of the Davis-Bacon Act (40 U.S.C.A. The first and last certified payroll reports for a project are to include the Certified Statement of Compliance found on the second page of the weekly report form. Payment of general prevailing minimum wage rates. (d) Work performed under a rehabilitation program arranged by and at a State institution primarily for teaching and up-grading the skills and employment opportunities of the inmates of the institution is not to be considered public work performed by a public body as defined in the act and this Subchapter. 1996). PENNSYLVANIA PREVAILING WAGE DETERMINATION . (a) Every contract to which the Commonwealth, its political subdivisions, an authority created by the General Assembly of the Commonwealth including authorities created under the Municipality Authorities Act of 1945 (53 P. S. 301 - 401) and instrumentalities or agencies of the Commonwealth is a party, for construction, reconstruction, demolition, alteration or repair work other than maintenance work where the estimated cost of the total project is in excess of $25,000, which requires or involves the employment by a contractor or subcontractor of laborers, mechanics, skilled and semi-skilled laborers and apprentices in the performance of services directly upon the public work project shall include in its specifications a provision stating the general prevailing minimum wage rates as determined by the Secretary which shall be paid for each craft or classification of workmen needed to perform the contract during the anticipated term thereof in the locality in which the public work is performed. 17 Ways a Lien Gets You Paid. We would like to know if you find this data useful and presented in an acceptable format. The prevailing wage rate is the rate paid for comparable work in the private sector within the County. 9.107. 9.110. The Prevailing Wage Regulations allow the Secretary of Labor and Industry to consider collective bargaining agreements and other data types to determine the wage rates. Please contactthe Bureau at 1-800-932-0665 or email atra-li-slmr-llc@pa.govif you have any questions about a particular project. If you are performing work under an SCA covered service contract, you must be paid at least the prevailing wage for the classification in which you are working. (13) The provisions of the act and this subchapter shall be incorporated by reference in the contract. The person in charge of making payments for the contracting authority is responsible for reviewing the weekly reports and ensuring that workers are being paid correctly. Keystone Chapter of Associated Builders and Contractors, Inc. v. Department of Labor and Industry , 414 A.2d 1129 (Pa. Cmwlth. Records and inspection. On a yearly basis, the covered employer shall file with the Controller or the Controllers authorized agent, by January 31 of the following calendar year, the Federal Form WH-347. 9.105. (a) Not less than the general prevailing minimum wage rates determined by the Secretary under the act and this subchapter may be paid unconditionally, by contractors and subcontractors to workmen in their respective crafts and classifications on public work and the workmen can not be required to refund, directly or indirectly, part of the wages. Authority P.O. Ultimate Guide to Preliminary Notice in Construction. (c) If the Secretary has determined that a person or firm has failed to pay the prevailing wages under section 11(e) and (f) of the act (43 P. S. 165(e) and 165(f)), he may direct the public body to terminate, and the public body may terminate, the contractor's right to proceed with the public work. Room 1301. This is in Pennsylvania. The Davis-Bacon prevailing wage is the combination of the basic hourly wage rate and any fringe benefits listed for a specific classification of workers in the applicable Davis-Bacon wage determination. These programs are administered in Pennsylvania by the Pennsylvania Infrastructure Investment Authority (PENNVEST). This allows you to save your own cash for payroll while you wait for your invoices to get paid. (a) Every contract to which the Commonwealth, its political subdivisions, an authority created by the General Assembly of the Commonwealth including authorities created under the Municipality Authorities Act of 1945 (53 P. S. 301 - 401) and instrumentalities or agencies of the Commonwealth is a party, for construction, reconstruction, demolition, alteration or repair work other than maintenance work where the estimated cost of the total project is in excess of $25,000, which requires or involves the employment by a contractor or subcontractor of laborers, mechanics, skilled and semi-skilled laborers and apprentices in the performance of services directly upon the public work project shall include in its specifications a provision stating the general prevailing minimum wage rates as determined by the Secretary which shall be paid for each craft or classification of workmen needed to perform the contract during the anticipated term thereof in the locality in which the public work is performed. The prevailing wage rates are determined on a project-by-project basis. The public body when notified by the Secretary that a verified petition has been filed shall extend the closing date for the submission of bids until 5 days after the Secretary's final determination. The Center for Workforce Information & Analysis (CWIA) collected these data through the Occupational Employment & Wage Statistics (OEWS) program, in cooperation with the U.S. Department of Labor's Bureau of Labor . Every covered employer shall file a Prevailing Wage Certifying Statement, by January 31 of the following calendar year, with the Controller or the Controllers authorized agent certifying that all workers have been paid no less than the wage required by their contact or, if any wages remain unpaid, set forth the amount of wages due and owing to each worker respectively, and certify that the job classification for each employee conforms with the work performed. 9.108. Large county wage changes. Certification of rate of wage and payment by contractor or subcontractor. This section cited in 34 Pa. Code 9.105 (relating to determination of classification and general prevailing minimum wage rates). A workman using the tools of a craft who does not qualify as an apprentice within this subsection shall be paid the rate predetermined for journeymen in that particular craft or classification. WHD conducts surveys of local wages to determine the prevailing wage rates that are included in wage determinations. Toll Free Phone Number: (877)214-3962. For further information concerning the Davis-Bacon requirement, contact: Pennsylvania Department of Environmental Protection Petition for review of rates and hearing. Please email The Department also determines the prevailing minimum wage rates and employee benefits for specific localities and classifications. (b) Any workmen paid less than the rates specified in the contract shall have a right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action must be exercised within 6 months from the occurrence of the event creating the right. 2022 BUILDING SERVICE PREVAILING WAGE RATES, Those that receive at least $100,000 in subsidires from the County, Commercial office buildings of at least 100,000 square feet, or a commercial office complexes totaling at least 100,000 square feet. In accordance with Allegheny Countys prevailing wage legislation (Chapter 280, Allegheny County Code of Ordinances) and the Davis-Bacon Act, the Controllers Office monitors prevailing wage requirements on contractors that provide building and food services to Allegheny County. 165-14), unless otherwise noted. You can look up the rates for a specific project online. This section cited in 34 Pa. Code 9.104 (relating to duty of the public body). (b) Any workmen paid less than the rates specified in the contract shall have a right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action must be exercised within 6 months from the occurrence of the event creating the right. (b) The Secretary will, after notice and hearing as prescribed by section 8 of the act, make a final determination of the general prevailing minimum wage rates to be paid to workmen on the public work project. Harrisburg, PA 17105-8774. The Secretary of Labor and Industry's definition of workers as "electricians" on a public works project, and therefore subjecting their employer to payment of the wages not paid in violation of the Pennsylvania Prevailing Wage Act (43 P.S. A workmen paid less than the rate specified in the contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action shall be exercised within 6 months from the occurrence of the event creating the right. 9.107. Without getting punch work out of What does Certified Payroll mean? Additional classifications shall be made in conformity with this procedure. These records shall show the number of hours in each day, specified by actual calendar date, during which each workman worked and if he worked in more than one craft or classification for which different rates were payable the records shall show the number of hours in each day as aforesaid in which he worked at the different crafts or classifications. You can also explore other financing options for contractors, which can allow them to access funds to cover other project costs like mobilization and payroll expenses when they take on bigger projects. The contracting authority has the contractual right to withhold funds from a payment to pay workers the correct wages. (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. (b) Wages shall be paid without deductions except authorized deductions. Additional classifications shall be made in conformity with this procedure. Division of Municipal Facilities Davis-Bacon wage rate requirements do not apply to Non-Point Source (NPS) projects in the Clean Water SRF program. We are committed to helping you understand your rights as a worker. If the Secretary determines that the failure to pay the general prevailing minimum wage rates intentional, he will thereupon notify the public bodies of the names of the persons or firms and no contract may be awarded to the person or firms or to a firm, corporation or partnership in which the person or firms have an interest until 3 years have elapsed from the date of the notice to the public bodies. Please enable scripts and reload this page. This section cited in 34 Pa. Code 9.105 (relating to determination of classification and general prevailing minimum wage rates). Any individual or organization may file a complaint with the County Controller for any violation of this section by directly calling the County Controllers Office (412-350-4300).Please fill out alternative form Click Here. (c) If, after a contract has been awarded, it is deemed advisable by the public body because of unforeseen construction development to list an additional classification and wage rate therefor the public body shall request, in writing, a determination thereof by the Secretary. Minimum Wage. I was under the impression that if labor is under $1000. (a) A prospective bidder or his representative, a representative of a group of employers engaged in the particular type of construction, reconstruction, demolition, alteration or repair work, a representative of a craft or classification of workmen or the public body affected by the determination made by the Secretary, may on verified petition request a review of this determination in accordance with the procedures required by section 8 of the act (43 P. S. 165-8). Pennsylvania prevailing wage law doesnt mandate any overtime or weekend rates for workers. (3) The contract provisions apply to work performed on the contract by the contractor and to work performed on the contract by subcontractors. (9) The contract shall provide that apprentices shall be limited to numbers in accordance with a bona fide apprenticeship program registered with and approved by The Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with The Apprenticeship and Training Act (43 P. S. 90.1 - 90.10), approved July 14, 1961, and the regulations issued thereto shall be employed on the public work project. If working a Saturday on a Prevailing Wage job is this considered Prevailing Overtime? Granting authority to the Secretary to consider fringe benefits determined by collective bargaining when he is making prevailing wage determinations is not an unconstitutional denial of equal protection to nonunion contractors and employes, since he is not required to make his determination solely on the basis of rates in collective bargaining. The record shall include deductions from each workman. 2023 Allegheny County Controller. Residential buildings of at least 50 units; Hotels or motels of at least 100,000 square feet, receiving a county subsidy, Grocery stores having retail space of at least 30,000 square feet, receiving county subsidy, Shopping malls of at least 100,000 square feet, receiving county subsidy; and, Sports stadiums of at least 100,000 square feet, Service Employees International Union Local 32BJ Collective Bargaining Agreements. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act - The Pennsylvania Prevailing Wage Act (43 P. S. 165-1 - 165-17). Thus, the Union Fund's cause of action against the bond insuring company can survive the company's motion for summary judgment. If additional or different classifications are necessary the procedure in 9.107 (relating to petition for review of rates and hearings) shall be followed. 165-1 - 165-17) would not be disturbed as the determination was neither erroneous nor inconsistent with the statute. Is Preliminary Notice Required in My State? (d) The Secretary will conduct a continuing program for obtaining and compiling of wage rate information and shall encourage the voluntary submission of wage rate data by contractors, contractors' associations, labor organizations, public officials and other interested parties, reflecting wage rates paid to workmen in the various types of construction in the locality. All 19 large Pennsylvania counties reported average weekly wage gains from the first quarter of 2021 to the first quarter of 2022. Determination Date: 1/19/2016 Project Classification: Building . Hourly workers should be paid 1 times the wage rate for each hour worked, plus appropriate fringes. For example, here are a few of the rates for a school project in Adams County (accessed February 3, 2022): The contracting authority provides bidders with the prevailing wage rates within the bid and contract documents. The Bureau of Labor Law Compliance updated its Pennsylvania Building Journeyperson Laborer Notes to clarify existing tasks performed throughout the Commonwealth. Prevailing Wage Determination Process To request a prevailing wage determination for a Nonagricultural Immigration Program (PERM, H-1B, H-1B1, H-2B, and E-3) employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPWC). Awarding Agency: Luzerne County 911 Contract Award Date: 10/26/2018 Serial Number: 18-06977 Project Classification: Heavy Determination Date: 10/12/2018 Assigned Field Office: Scranton Field Office Phone Number: (570)963-4577 Toll Free Phone Number: (877)214-3962 Project County: Luzerne County BUREAU OF LABOR LAW COMPLIANCE PREVAILING WAGES . If theres a discrepancy, the authority contacts the Bureau of Labor. Remedies and penalties. The Secretary will thereupon give consideration to the request and if he determines that the additional classification requested is necessary, he will determine the classification and wage rate therefor and notify the interested parties of his determination, which shall be effective as of the date on which it is made. The term does not include work performed under a rehabilitation or manpower training program. (a) A workman who has been paid less than the general prevailing minimum wage rate for his job classification as specified in the contract or who has not been paid, may file a protest, in writing with the Secretary within 3 months of the date of the occurrence, objecting to the payment to a contractor to the extent of the amount due or to become due to him as wages for work performed on the public work project. Contractors working on prevailing wage projects in Pennsylvania need to pay their workers weekly and complete a Weekly Payroll Certification for Public Works Projects form. Within 10 days after hearing the Secretary will make a determination and transmit it in writing to the public body and to the interested parties. This includes heavy construction, highway construction, and building construction projects that are within the state's borders. P.O. The request shall be made on forms issued for the purpose by the Department. In Pennsylvania, prevailing wage laws apply to any state or municipal construction project funded with public funds that cost over $25,000. Punch list work might seem minor, but it has an improportionate impact on payment. Its fast, easy, affordable, and done right. | Construction Industry Accounting, 6 Construction Project Delivery Methods Compared, What Is a Work in Progress Schedule? (5) The contract shall provide that no workmen may be employed on the public work except in accordance with the classifications in the decision of the Secretary. 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. Although the borough awarded the company the contract more than 120 days after the determination of the prevailing minimum wage and although the borough never made a new request for a predetermination, the company waived its right to protest the predetermination by failing to adhere to the 120 day time period. Posting of wage rates. Lets explore Pennsylvanias prevailing wage laws, how and when they apply and the penalties for not following them. Pennsylvania prevailing wage law defines prevailing wage as a "base wage rate" plus "fringe benefits". If you require Accessible versions of documents on this site and no alternate versions are available, please call 1-877-493-3282 or send a request to workforceinfo@pa.gov. It requires the prevailing wage be paid to workers on County financed construction contracts. Northumberland County Conservation District: Contract Award Date: 8/6/2021: Serial Number: 23-00534 . The only time we would share such information is when necessary to pursue an allegation, and we would only do so then with your permission, or if required by a court. 717-787-5017. mail to: Pennsylvania Department of Environmental Protection. 9.110. 654 (M. D. PA. 1993). You may be trying to access this site from a secured browser on the server. (a) It is the duty of the Secretary where a timely protest has been filed by a workman that he has been paid less than the general prevailing minimum wage rate, to investigate the matter and determine whether or not there has been a failure to pay the general prevailing minimum wage rate and whether this failure was intentional or otherwise. (v) A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the contractor or subcontractor are not complying with the act or this title, they may file a protest in writing with the Secretary within 3 months of the date of the occurrence, objecting to the payment to a contractor to the extent of the amount due or to become due to them as wages for work performed on the public work project. There is no licensing or bonding requirement to work on prevailing wage projects in the state. (a) It is the duty of the Secretary where a timely protest has been filed by a workman that he has been paid less than the general prevailing minimum wage rate, to investigate the matter and determine whether or not there has been a failure to pay the general prevailing minimum wage rate and whether this failure was intentional or otherwise. 8/9/2018 Page 1 of 9 APPENDIX B - PREVAILING WAGE RATES. 1980). If the formal protest is filed with the Secretary, it is the duty of the Secretary to direct the fiscal or financial officer of the public body or the person charged with the custody of the disbursement of the funds of the public body, to deduct the money so due and owing from the whole amount or of any payment due the contractor. The Department of Labor and Industry, through the. The contractors and subcontractors on the public work project shall post a notice or notices in the manner and form prescribed by 9.103 (relating to required provisions). Public projects are notorious for long payment delays. While some project costs can be deferred until you receive payment from your customer, payroll cant wait. This section cited in 34 Pa. Code 9.103 (relating to required provisions). Construction Spending and Planning Numbers Rose in Autumn, Putting Commercial Contractors at Tentative Ease, UK Construction Industry Braces for More Challenges After Activity Bottoms Out in Summer 2022, Nevadas Welcome Home Community Housing Projects: Quick Overview for Contractors, 4 Construction Sectors That Could See a Boost from the Inflation Reduction Act, Types of projects where prevailing wage laws apply, Knowing the rules about Pennsylvania prevailing wages can help you get paid. This section cited in 34 Pa. Code 9.108 (relating to posting of wage rates); and 34 Pa. Code 9.110 (relating to certification of rate of wage and payment by contractor or subcontractor). (b) If a bona fide collective bargaining agreement has expired by the terms thereof, the Secretary may ascertain and consider the wage rates and employe benefits established thereby until a new bona fide collective bargaining agreement, as defined in 9.102 (relating to definitions), has been executed. This determination shall be final unless within 10 days an appeal is filed with the Appeals Board. If I work seven days in a work week is the employer required to pay double time on the seventh day. 35 - 45) or section 1 of the Davis-Bacon Act (40 U.S.C.A. Employers not parties to a contract requiring contributions for employe benefits which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workmen. (b) The Secretary will, after notice and hearing as prescribed by section 8 of the act, make a final determination of the general prevailing minimum wage rates to be paid to workmen on the public work project. Select your desired area from the table below to access the PDF document. If the Secretary deems that the data at hand is insufficient to make a determination with respect to the crafts or classifications necessary to perform the proposed public work, he may have a field survey conducted by his staff representative for the purpose of obtaining additional information upon which to make a determination of the wage rates, and also the customs, usages and practices as to the type of work to which the wage rates apply and the size of available force of qualified workmen within the locality in which the public work is to be performed. 9.109. This notice is to be clearly legible and placed in a prominent and easily accessible place at the site of the public work project and at places used by them to pay workmen their wages. How to File a Mechanics Lien: the Ultimate Step-by-step Guide for Any State, How Do Mechanics Liens Work? The term does not include material suppliers or their employes who do not perform services at the job site. (c) Payment of compensation to workmen for work performed on public work on a lump sum basis or a piece work system or a price certain for the completion of certain amount of work or the production of a certain result shall be deemed a violation of the act and this subchapter, regardless of the average hourly earnings resulting therefrom. Authority The fiscal officer of the public body, the treasurer or other officer of the public body, charged with the custody and disbursement of the funds of the public body, shall ascertain that the wage rates as determined by the Secretary are paid and that the job classifications are maintained, otherwise it is his duty to hold up final payment and to inform the Secretary of the failure by the contractor or a subcontractor to comply with the act. 651 Boas Street. Pennsylvania's 1961 law requires all projects of $25,000 or more to pay workers the prevailing wage. The Department of Labor and Industry, through the Bureau of Labor Law Compliance, determines prevailing wage rates for the construction industry and enforces the rates and classifications under the heavy highway and building construction projects of $25,000 or more when public funds are involved. Posting of wage rates. The posted notice of wage rates shall contain the following information: (ii) The name of the public body for which it is being constructed. But knowing all the rules and regulations surrounding how you get paid and how much that payment amounts to is imperative. Enjoy 120-day payback terms with any material supplier. If the parties introduce exhibits which in some way do not comply with the standards of 34 Pa. Code 9.105(c)(3), the Secretary may give more weight to evidence which includes fringe benefits and projects of every nature and which clearly demonstrates prevailing wage rates for the year in question rather to evidence which does not include fringe benefits, excludes public works projects and some major private projects, and lumps together wage rates from previous years to establish current wage rates. All dates should be in a mm/dd/yyyy format and must include both a "from" and "to" date. These publications represent a comprehensive collection of May 2021 wage data available for Pennsylvania. Please enable scripts and reload this page. Your name and the nature of the complaint will not be disclosed to your employer. Print Prevailing Wage Rates Determination Request Form Prevailing Wage Rates Determination Search L&I Home Bureau of Labor Law Compliance Labor & Industry Building Room 1301 651 Boas Street Harrisburg PA 17121 (717)705-5969 Email: . 1347, unless otherwise noted. (a) For the purpose of making a determination of the general prevailing minimum wage rates in the locality in which the public work is to be performed for each craft or classification during the anticipated term of the contract, the Secretary may ascertain and consider the wage rates and employe benefits established by collective bargaining agreements. Bonding requirement to work on prevailing wage laws, how and when they apply and the for... States without a prevailing wage rates are determined on a prevailing wage laws, how do Mechanics work. These publications represent a comprehensive collection of may 2021 wage data available for Pennsylvania Notes to clarify existing tasks throughout... ( 40 U.S.C.A, plus appropriate fringes first quarter of 2021 to the first quarter 2021. That cost over $ 25,000 Lien: the Ultimate Step-by-step Guide for any state, how and when apply... Your customer, payroll cant wait to know if you find this data useful and presented in acceptable! Of 9 APPENDIX b - prevailing wage job is this considered prevailing overtime atra-li-slmr-llc pa.govif! Be made in conformity with this procedure weekly wage gains from the table below to access the PDF document payment! Perform services at the job site employes who do not perform services the! Has the contractual right to withhold funds from a payment to pay double time on the day! On prevailing wage laws apply to any state or Municipal construction project funded with public funds that cost $... Survive the company 's motion for summary judgment questions about a particular project save your own cash for payroll you! It 's calculated What is a cost-plus pa prevailing wage rates by county and how much that payment amounts to is imperative through the ). Without getting punch work out of What does Certified payroll mean for review rates... Review of rates and employee benefits for specific localities and classifications if i work seven days in work! 'S cause of action against the bond insuring company can survive the company 's for. Doesnt mandate any overtime or weekend rates for a specific project online i work days... Summary judgment 45 ) or section 1 of 9 APPENDIX b - prevailing wage job is this prevailing. Also determines the prevailing minimum wage rates are determined on a prevailing.! 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Contractors, Inc. v. Department of Environmental Protection Petition for review of and! To is imperative may 2021 wage data available for Pennsylvania: 23-00534 wage be paid 1 times the rate... Is under $ 1000 much that payment amounts to is imperative days in a work is! Each hour worked, plus appropriate fringes thus, the authority contacts pa prevailing wage rates by county Bureau of Labor thus the! A.2D 1129 ( Pa. Cmwlth paid without deductions except authorized deductions s borders to on... From the table below to access this site from a payment to double! '' as defined in this section cited in 34 Pa. Code 9.104 ( relating determination. Paid without deductions except authorized deductions state & # x27 ; s borders Investment authority ( PENNVEST.... 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A cost-plus contract and how much that payment amounts to is imperative construction, construction.

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