Gordon v. Triumph Constr. Corp.

Summary

The Appellate Division, First Department, affirmed the denial of Triumph Construction Corp.'s motion to dismiss a breach of contract claim brought by workers employed under public works contracts. The court held that the workers could pursue a third-party contract claim for underpayment against the general contractor and were not required to exhaust the administrative remedy under Labor Law § 220(3)(a).

Holdings

1. Workers employed pursuant to public works contracts have both an administrative remedy under Labor Law § 220(3)(a) and a third-party right to assert a breach-of-contract claim for underpayment against the general contractor.
2. Exhaustion of administrative remedies is not required before plaintiffs pursue their third-party breach-of-contract claim for underpayment.

Questions Presented

1. Whether workers employed under public works contracts may assert a third-party breach-of-contract claim against the general contractor for underpayment in addition to pursuing an administrative remedy under Labor Law § 220(3)(a).
2. Whether exhaustion of administrative remedies is required before pursuing that breach-of-contract claim.
3. Whether plaintiffs' first cause of action for breach of contract was sufficiently pleaded to survive a CPLR 3211(a)(7) motion to dismiss.

Disposition

affirmed