Construction Industry Legal Fund

In 2017, the AGC NYS Board of Directors created the AGC NYS Construction Industry Legal Fund so that we could be prepared to take up legal battles when necessary.

We’ve had some major wins on that front as a result, most notably our litigation with industry partners that beat back Andrew Cuomo’s malicious (and clearly illegal) mandatory debarment policy after making its debut at the MTA and our legal action that demonstrate New York State’s improper conduct of its M/WBE Program.

The Legal Fund has also made possible regular amicus curiae engagement on cases involving member firms that have broader industry implications, including collaborating with AGC of America on an amicus brief to the Supreme Court of the United States in a matter of industry significance where the high court returned a unanimous decision in our favor. 

The Legal Fund is currently supporting AGC NYS involvement in the case to beat back the New York State Department of Labor’s improper attempt to impose an extra-legal 50-mile radius rule on the payment of prevailing wage for aggregate construction material delivery, which would expose contractors and owners significant new costs, record-keeping nightmares and the potential of other serious penalties.

These efforts often represent the last line of defense on crucial issues impacting the membership and construction industry—but they are also costly, difficult to anticipate and therefore to plan for financially. That’s where the Legal Fund comes in—to ensure we have the resources at the ready to stand up for New York’s construction industry when it matters most. Please consider contributing to the cause either through our membership dues check-off or by making a direct contribution.

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