Utility Contractors Ass'n of New England, Inc. v. Commissioners of Massachusetts Department of Public Works

This case involves the authority of the defendants, the Commissioners of the Massachusetts Highway Department (“MHD”), to issue certain bid specifications for work on the Central Artery/Third Harbor Tunnel Project (“Project”). The plaintiff, Utility Contractors Association of New England, Inc. (“UCANE”), seeks invalidation of a bid specification issued by MHD which includes a provision requiring all successful bidders, including contractors and subcontractors, to execute a project labor agreement as a condition of the bid award (“Project Labor Agreement”).

UCANE asserts that MHD lacks…