SCA Disqualification Challenges: Timing and Exhaustion in Surton

Reviewed September 7, 2026.

In Matter of Surton Construction Contracting Corp. v. New York City School Construction Authority, 81 AD3d 654 (2011), the Second Department affirmed dismissal of a contractor's Article 78 proceeding on procedural grounds.

The SCA had permanently disqualified Surton from further SCA work based on findings of repeated false or misleading prequalification submissions. Surton's challenge to that final determination was filed outside the four-month period. Its request for reconsideration did not extend or toll the deadline.

The separate challenge involving NYCHA was premature because Surton had not exhausted available administrative remedies and had not shown that doing so would be futile.

Protect both the submission and the challenge

Prequalification disclosures must be accurate and supported by records. If disqualification occurs, identify when the determination becomes final and binding, what administrative remedies remain, and when judicial review must begin.

The decision does not establish that every disqualification bars all future work for every public agency. It illustrates the serious consequences of inaccurate submissions and of pursuing review at the wrong time.

Kushnick Pallaci PLLC assists clients throughout New York with public-contract eligibility and procurement disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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