Judge Rejects Bid to Halt Hudson Tunnel Procurement

A federal choose on Dec. 11 denied George Harms Development Co.’s request to cease bidding on the Hudson Tunnel challenge’s New Jersey floor alignment bundle, discovering no irreparable hurt from the Gateway Growth Fee’s challenge labor settlement whereas the lawsuit continues.

Within the 11-page letter opinion reviewed by ENR, the U.S. District Court docket for the District of New Jersey wrote that Harms “has not demonstrated that the PLA prevents it from bidding,” citing the settlement’s phrases and the fee’s repeated assurances. 

The choice retains GDC’s procurement schedule intact for one of many megaproject’s largest design-build contracts. 

The ruling is a setback for Harms, which filed suit Nov. 26, alleging that the PLA unlawfully excludes its United Steelworkers-represented workforce and violates state labor directives, procurement guidelines and federal antitrust and constitutional provisions. 

The courtroom famous that denial of a brief restraining order doesn’t resolve these underlying claims, which can proceed.

Court docket Rejects Exclusion Argument, Finds Restricted Benefit in One Declare

Harms contended that the PLA—signed by the Hudson County Constructing and Development Trades Council and its affiliated unions—successfully blocks the agency from bidding except the Steelworkers are added as signatories. 

The choose disagreed, writing that the settlement “permits any in any other case certified bidder to compete” and emphasizing that Harms had been advised it might submit a proposal.

The opinion cites the New Jersey Supreme Court docket’s 2024 determination in Delaware River Joint Toll Bridge Fee v. Harms, which upheld a PLA challenged by the identical contractor. That precedent, the choose wrote, “considerably undermines Harms’s claims” relating to GDC’s authority to undertake the settlement.

The ruling discovered Harms “prone to succeed” solely on a slender First Modification declare alleging compelled speech by way of obligatory fringe-benefit contributions. 

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Nonetheless, the courtroom concluded the argument didn’t justify emergency aid. The choose stated Harms failed to indicate a chilling impact or some other type of rapid, non-compensable damage.

The courtroom additionally cited proof that GDC indicated it will facilitate discussions between Harms and the constructing trades and wrote that Harms “didn’t meaningfully have interaction in that course of,” which weakened its declare that bidding was inconceivable. 

The choose additional rejected Harms’s argument that GDC’s delay in ruling on its Oct. 29 bid protest rendered administrative aid futile, writing that the fee “has been responsive” and had not foreclosed a call.

With the TRO denied, GDC might proceed evaluating proposals and advancing towards award on the floor alignment contract, which incorporates trackway, civil constructions, bridges, utility reconstruction and a wetlands viaduct between Secaucus and North Bergen, N.J. 

The case now proceeds to briefing on Harms’s remaining claims involving the Sherman Act, equal safety, due course of and the First Modification.

“GDC is happy with the district courtroom’s determination at present denying the plaintiff’s movement,” stated Molly Beckhardt, senior communications affiliate. “We proceed the method for awarding the contract for this essential part of the Hudson Tunnel Undertaking to assist ship probably the most pressing passenger rail challenge within the nation.”

The United Steelworkers has not but responded to ENR’s request for remark. The courtroom has not scheduled hearings on Harms’s request for a preliminary injunction.