Advanced Search  |  Sitemap  |  Contact Us
  
 

FOLLOW US

Subscription required for full online access

Current subscribers to the Buffalo Law Journal, click here to create an account for full online access.

Not a subscriber? Click here to see subscription options. Questions about your online access? Call us at 716-541-1650.

Bizjournals Legal News

Google Legal News

Featured News - Current News - Archived News - News Categories

New suit seeks to stamp out Wicks Law for good

Thu, Apr 2nd 2009 12:00 am
By JAMES FINK
Business First

A coalition of construction, business and political leaders has filed a lawsuit in state Supreme Court asking that amendments made last year to the controversial Wicks Law be withdrawn, hoping ultimately to have the nearly century-old mandate taken off the books.

The Wicks Law, which dates to 1912, mandates that contractors and construction firms must have a preapproved apprenticeship program in place for three years before bidding on big-ticket projects.

Pleas from the private sector to have the Wicks Law removed have consistently fallen on deaf ears among Albany lawmakers.

While unions say the apprenticeship programs are necessary to provide better training for workers, many in the private sector say all it does is increase the cost of doing business.

"This lawsuit came about because Albany, once again, failed to look out for the interests of taxpayers," said Michael Powers, a partner with Phillips Lytle LLP who is lead counsel for the plaintiffs.

The Wicks Law results in a cost increase on government-sponsored construction projects of at least $300 million annually, according to a number of industry studies.

Erie County Executive Chris Collins, who last year pleaded with Gov. David Paterson to drop Wicks Laws mandates, said his suggestions were "received and filed."

"We all know where it was filed," said Collins, who is one of the lawsuit's plaintiffs. "It is an absolutely unnecessary law that only plays into special interests in the state."

Other plaintiffs include the Empire State chapter of the Associated Builders and Contractors Inc. and the Buffalo Niagara Partnership.

Powers, who also serves as a town justice in Clarence and two years ago led a successful effort to force the New York State Thruway Authority to remove toll booths along the Buffalo section of the I-190, said that when the Wicks Law is examined under a legal microscope, "it fails."

Powers, who said he's studied the law for nine months, said he hopes state lawmakers will, under the threat of the lawsuit, agree to remove the Wicks Law from the books.

"It would be nice if the elected leaders say ‘Enough is enough,' " he said.

Barring that, Powers said he expects to fast-track the lawsuit.

"We can not afford this stupidity any longer," he said.