Is there language that should be used in a development agreement under §236.13(2), Statutes that refers to the prevailing wage laws?
Development agreements typically fall under §66.0903(2), Statutes, rather than the new §66.0904 publicly funded private construction project law. Under §66.0903, Statutes the local governmental unit has the responsibility to obtain the prevailing wage rate determination for the project. While the law does not require that development agreements include prevailing wage language, local governmental units would be well-advised to include such language. The development agreement should include the prevailing wage rate determination as an attachment or refer to the local governmental unit providing this determination at a future date. The local governmental unit could require the developer to get the prevailing wage rate determination as a part of the development agreement; however, the local governmental unit ultimately has responsibility for acquiring the project determination.
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