Empire State Chapter of Associated Builders and Contractors, Inc. v. Smith

21 N.Y.3d 309, 992 N.E. 2d 1067, 970 N.Y.S.2d 724 (2013)

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Empire State Chapter of Associated Builders and Contractors, Inc. v. Smith

New York Court of Appeals
21 N.Y.3d 309, 992 N.E. 2d 1067, 970 N.Y.S.2d 724 (2013)

  • Written by Galina Abdel Aziz , JD

Facts

Since 1912, Wicks Law required public entities seeking bids on construction contracts to obtain separate specifications for plumbing; electrical; and heating, ventilating, and air conditioning (HVAC) work. In 2008, Wicks Law was amended to raise the uniform $50,000 threshold to $3 million in five New York City counties; $1.5 million in Nassau, Suffolk, and Westchester Counties; and $500,000 in 54 other counties. Empire State Chapter of Associated Builders and Contractors, Inc. (Empire) (plaintiff) sued New York (defendant), alleging that Wicks Law violated the state constitution’s home-rule section by favoring the eight counties with higher thresholds.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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