Connecticut Associated Builders & Contractors v. City of Hartford

740 A.2d 813, 251 Conn. 169, 1999 Conn. LEXIS 391, 163 L.R.R.M. (BNA) 2007
CourtSupreme Court of Connecticut
DecidedNovember 16, 1999
DocketSC 16062
StatusPublished
Cited by46 cases

This text of 740 A.2d 813 (Connecticut Associated Builders & Contractors v. City of Hartford) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connecticut Associated Builders & Contractors v. City of Hartford, 740 A.2d 813, 251 Conn. 169, 1999 Conn. LEXIS 391, 163 L.R.R.M. (BNA) 2007 (Colo. 1999).

Opinions

Opinion

PETERS, J.

The principal issue in this case is whether nonbidding contractors and subcontractors have standing to challenge a bid specification for a municipal [171]*171project that requires the successful bidder to agree to abide by a project labor agreement. Under the terms of a project labor agreement, contractors agree to follow provisions of existing collective bargaining agreements and the unions agree not to strike or disrupt the work of the project. We conclude that the principles governing competitive bidding do not afford standing to the non-bidders in this case to challenge the validity of a project labor agreement.

The plaintiffs are the state chapter of a larger association, Connecticut Associated Builders and Contractors (association), and two subcontractors, Electrical Contractors, Inc., and Rhoan Stewart doing business as Dynamic Electrical Contractor (subcontractors). The members of the association are contractors and subcontractors that, as a matter of philosophy and business practice, are opposed to entering into agreements with construction unions. The plaintiffs’ action seeks to enjoin the defendant, the city of Hartford (city), from awarding a contract for the construction of a municipal parking garage (project) on the grounds that a requirement that general contractors and subcontractors on the project agree to be bound by a project labor agreement violates state and local competitive bidding statutes, and the federal and state constitutions. In particular, the plaintiffs alleged in their complaint that the city: (1) violated the “competitive bidding provisions of the Code of the city”1 and of General Statutes § 10-[172]*1722872 by requiring that bidders agree to be bound by the [173]*173terms of the project labor agreement; (2) exceeded its authority under the municipal code and § 10-287 by instituting the project labor agreement requirement; (3) violated the plaintiffs’ state and federal constitutional rights to freedom of speech and association by imposing the project labor agreement requirement and thereby denying the plaintiffs the right to choose not to associate with the unions;3 and (4) illegally favored bidders already signatory to the collective bargaining [174]*174agreements by failing to provide copies of the collective bargaining agreements that are part of the project labor agreement.

The plaintiffs initiated the present action on the day on which bids on the contract were scheduled to be opened. The city moved to dismiss the action on the ground that the trial court lacked subject matter jurisdiction because the plaintiffs lacked standing to raise their claims. That same day, the trial court, Langenbach, J., orally issued a temporary restraining order or injunction that prohibited the city from proceeding with construction until further order of the court. Following a full evidentiary hearing on December 8, 1998, the trial court concluded that the plaintiffs did not have standing to bring this lawsuit. The trial court, therefore, dismissed the complaint and vacated the temporary restraining order or injunction.

The plaintiffs appealed from the trial court’s ruling to the Appellate Court. We granted the plaintiffs’ subsequent motion, pursuant to Practice Book § 65-2,4 to transfer the appeal to this court.

On appeal, the plaintiffs contend that the trial court improperly: (1) determined that the association did not have standing; (2) determined that the two subcontractors did not have standing; and (3) excluded the testimony of two witnesses from the evidentiary hearing. We affirm the judgment of the trial court.

I

FACTUAL HISTORY

The record reveals the following facts. The planned municipal parking garage is part of a larger cooperative [175]*175school project, known as the Learning Corridor.5 The city is the owner of the Learning Corridor. On June 29, 1998, the project construction manager6 issued a bid package for the construction of the parking garage. At that time, the bid specifications did not contain a proj ect labor agreement requirement.

The bid package required bidders to attend a mandatory prebid conference on September 23, 1998. A general contractor who did not attend that conference was not permitted to submit a bid. Subcontractors, who could not bid on the project, were not required to attend the conference. No general contractor who then was a member of the association attended that mandatory conference. According to the plaintiffs, however, a contractor who had attended the mandatory conference and had bid on the project later joined the association.7

In October, 1998, the city authorized the use of a project labor agreement for the project. As a result, on October 14, 1998, the project construction manager issued a supplement to the bid package that required [176]*176any successful bidder on the project to become a party to and comply with the project labor agreement.

The project labor agreement is a prehire agreement that is signed by the construction manager, the local unions and the contractors of the project. The city approved the use of a project labor agreement after the project’s construction manager and a construction consultant recommended the use of one in order to obtain the large number of skilled construction and craft employees necessary to complete the project in time for the opening day of the schools, and to minimize the risk of work disruptions and strikes. The stated purpose of the project labor agreement is to enhance “the timely completion of the Project without interruption or delay . . . through the establishment of a framework for labor-management cooperation and stability.”

Under the terms of the project labor agreement, project contractors agree to abide by the collective bargaining agreements of the trade unions, including making contributions to employee benefit trust funds, and to recognize the trade unions as the sole collective bargaining representatives of employees working on the project. The unions agree not to engage in any strike, slowdown or other disruption of the work on a project. In addition, regardless of the expiration of any individual collective bargaining agreements, the parties to the project labor agreement agree that its provisions will remain in full force throughout the term of the project. There is, however, no requirement that all project workers be members of a union.

The two subcontractor plaintiffs alleged that they had planned to submit subcontract bids to general contractors who intended to bid on the construction project, but they decided not to do so because of the additional conditions imposed by the project labor [177]*177agreement requirement. The association alleged that, but for the project labor agreement requirement, some of its contractor members would have submitted bids on the project. The construction manager’s representative testified that he had received five bids on the project, of which two had been submitted by nonunion contractors.

II

STANDING REQUIREMENTS

A

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Bluebook (online)
740 A.2d 813, 251 Conn. 169, 1999 Conn. LEXIS 391, 163 L.R.R.M. (BNA) 2007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connecticut-associated-builders-contractors-v-city-of-hartford-conn-1999.