General Bldg. Contractors of New York State, Inc. v. Egan

• Decision Date: 06 December 1984
• Citation: 106 A.D.2d 688,483 N.Y.S.2d 746
• Parties: In the Matter of GENERAL BUILDING CONTRACTORS OF NEW YORK STATE, INC., et al., Appellants, v. John C. EGAN, as Commissioner of General Services of the State of New York, et al., Respondents. (And Six Other Related Proceedings.)
• Court: New York Supreme Court — Appellate Division

Page 746

483 N.Y.S.2d 746

106 A.D.2d 688

In the Matter of GENERAL BUILDING CONTRACTORS OF NEW YORK STATE, INC., et al., Appellants, v. John C. EGAN, as Commissioner of General Services of the State of New York, et al., Respondents. (And Six Other Related Proceedings.)

Supreme Court, Appellate Division Third Department.

Dec. 6, 1984.

Harder, Silber & Gillen, Albany (George W. Harder, Albany, and LaVerne F. O'Dell, Syracuse, of counsel), for appellants.

Robert Abrams, Atty. Gen. (Richard J. Dorsey, Asst. Atty. Gen., of counsel), for Egan.

Before KANE, J.P., and CASEY, YESAWICH and LEVINE, JJ.

MEMORANDUM DECISION.

Appeals (1) from three judgments of the Supreme Court at Special Term, entered October 12, 1983 in Albany County, which dismissed petitioners' applications, in proceedings pursuant to CPLR article 78, to restrain respondents from letting bids, awarding contracts or proceeding with construction in connection with certain prison construction projects until the contract conditions and specifications comply with the law, and (2) from four judgments of the Supreme Court at Special Term (Cobb, J.), entered December 9, 1983 in Albany County, which dismissed petitioners' applications, in proceedings pursuant to CPLR article 78, for similar relief.

Petitioners are trade organizations representing contractors interested in bidding on various aspects of construction projects which were devised to increase the capacity of New York State's correctional facilities. The planned expansion and renovation, which was authorized in 1983 (L.1983, ch. 56), included the following projects denominated by area: Altona (Clinton County), Alden (Erie County), Watertown (Jefferson County), Lyon Mountain (Clinton County), Coxsackie (Greene County) and Ogdensburg (St. Lawrence County). The Office of General Services (OGS) and the Urban Development Corporation, along with the Department of Correctional Services (DOCS), were authorized by the Legislature to finance and oversee the expansion effort. OGS began to develop contract documents and to solicit bids on the projects during the summer and early fall of 1983. Believing that the OGS contract documents and bid specifications imposed unlawful requirements on potential contractors, petitioners initiated a series of CPLR article 78 proceedings designed to restrain respondents from going forward with any of the projects until what petitioners perceived to be contract illegalities were rectified. Brought in two phases, the seven proceedings challenged provisions requiring the coordination of the prime contracts by the general contractors, the use of closed material specifications, allegedly improperly referenced prevailing wage statements, and affirmative action programs with participation goals of 15% for minorities, women and minority business enterprises.

Three judgments dismissing the first phase of the proceedings commenced were entered on October 12, 1983; four judgments dismissing the second phase of proceedings were thereafter entered December 9, 1983. The October 12, 1983 judgments addressed and rejected all but one of petitioners' aforementioned objections to the contracts. The December 9, 1983 judgments largely disposed of the underlying petitions on res judicata grounds,...