On October 28, 2025, Couch White, LLP filed an amicus curiae (friend of the court) brief, on behalf of the Associated General Contractors of New York State, LLC (AGC NYS) in Daniel J. Lynch, Inc. v. Board of Education of the Maine-Endwell Central School District.
AGC NYS participated as amicus curiae to advocate for the integrity of New York’s competitive bidding laws and the fair awarding of public works contracts.
In its amicus submission, AGC NYS emphasized that New York’s competitive bidding laws are designed to protect public funds, promote transparency, and ensure that public contracts are awarded fairly to responsible bidders offering the best value. The brief specifically addressed the growing use of cooperative purchasing arrangements—such as those facilitated through The Interlocal Purchasing System (TIPS)—and argued that such mechanisms should not be used to circumvent statutory competitive bidding requirements for public works projects.
AGC NYS further contended that the procurement practices at issue did not meet the standards of competitive bidding contemplated by General Municipal Law § 103, raising concerns about the absence of traditional safeguards such as public solicitation, clear specifications, and objective award criteria.
On May 21, 2026, the Appellate Division, Third Department issued its decision affirming the lower court’s ruling, concluding that the use of “piggybacking” through cooperative purchasing was not permissible for the public works contract at issue and that the project should have been subject to New York’s competitive bidding requirements.
This decision represents a significant development in New York procurement law, reinforcing long-standing principles requiring transparency, fairness, and open competition in public contracting.
This work on behalf of AGC NYS underscores Couch White’s leadership in construction and procurement law and its commitment to advancing sound public policy in the industry.
See the full amicus curiae brief here.
See the full decision here.
If you have any questions regarding this matter, please contact Joel Howard at jhoward@couchwhite.com.
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