Hinckley Allen is representing the Associated General Contractors of New York State (AGC NYS) and a broad coalition of business and construction industry organizations in a federal lawsuit that was filed in the U.S. District Court for the Northern District of New York on May 28, 2026. The lawsuit challenges a newly enacted amendment to New York’s prevailing wage law that would, for the first time in the law’s nearly century-long history, extend prevailing wage requirements to off-site fabrication facilities that manufacture products not just for one specific public project, but for many public and private projects, including those outside New York State and outside the United States.
The coalition alleges that the amendment violates multiple provisions of the U.S. Constitution, including the Due Process, Commerce, Contracts, Takings, and Equal Protection Clauses. The plaintiffs are simultaneously seeking an emergency temporary restraining order and preliminary injunction to prevent the amendment from taking effect on June 18, 2026.
The matter is being led by Hinckley Allen attorneys Chad J. Caplan, Janelle A. Pelli, and Jeremy M. Smith of the firm’s Albany office.
Lawsuit Details and Updates:
- UPDATE: Federal Court Order Stops Offsite Custom Fabrication Prevailing Wage Law from Taking Effect Until Further Notice
- Information on the filing