Saturday, February 5, 2011

School Construction Authority's Disqualification of Contractor Upheld

In Matter of Surton Construction v. NYC School Construction Authority a contractor challenged being disqualified from the list of contractors allowed to bid or work on public projects within the City of New York.  The School Construction Authority claimed that the contractor engaged in a "persistent and repeated pattern of knowingly and intentionally submitting false and misleading information to the SCA in connection with the prequalification review process."  This pattern led to disqualification.  The trial court upheld the determination and the determination was confirmed by the Appellate Division. 

This should be a warning for contractors to carefully consider the accuracy of documents they submit in the bidding process.  False statements may doom them not just for the particular bid but from being able to bid on any project in the future. 

Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on the area of construction law.  He can be reached at (631) 752-7100 or

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