In a high-stakes legal battle, a construction company is challenging a major infrastructure project’s bidding process, alleging exclusion and unfair practices. George Harms Construction Co., Inc., along with Brian Burns, filed a complaint on November 18, 2025, in the United States District Court for the District of New Jersey against the Gateway Development Commission (GDC) and several other defendants.
The plaintiffs argue that they were unjustly barred from participating in the Hudson Tunnel Project’s New Jersey Surface Alignment Project due to an exclusionary project labor agreement (PLA). The PLA allegedly favors certain unions over others, effectively preventing Harms from submitting a bid despite being one of only four prequalified teams. The lawsuit claims that this exclusion violates both state and federal laws, including antitrust laws and constitutional rights. Harms asserts that their union, the United Steelworkers (USW), was deliberately excluded from negotiations in favor of the Hudson County Building and Construction Trades Council. This exclusion is seen as politically motivated and detrimental to fair competition.
George Harms Construction Co., Inc. seeks injunctive relief to halt the current bidding process until their protest is resolved. They are asking for a Temporary Restraining Order to preserve their status as a prequalified bidder while seeking a Preliminary Injunction Hearing. Additionally, they seek declaratory judgments stating that the PLA violates various laws and request compensatory damages for costs incurred during the bidding process.
Representing George Harms Construction Co., Inc. are attorneys Francis V. Cook, Jonathan D. Ash, and Corinne B. DeBerry from Fox Rothschild LLP. The case is presided over by Judge [Name], under Case ID 3:25-cv-17679.
