McNees secures preliminary injunction in PLA case for ABC Keystone
July 2, 2025
Press Releases
McNees Wallace & Nurick represented Associated Builders and Contractors, Inc., Keystone Chapter (ABC), in obtaining a preliminary injunction from the Commonwealth Court of Pennsylvania while litigation is ongoing in a challenge to the Department of General Services’ use of a Project Labor Agreement (PLA) for a major public construction project.
The ruling, issued June 26, 2025, in Associated Builders and Contractors, Inc., Keystone Chapter v. Department of General Services, et al., Docket No. 189 M.D. 2025, halts enforcement of a mandatory PLA that would have required contractors and subcontractors to agree to union only labor terms in order to bid on the Pennsylvania Joint Laboratory Facility project. The project, a 300,000 square foot, multiagency laboratory, is planned for Susquehanna Township, Dauphin County.
ABC filed the petition on behalf of its members, many of whom are non-union contractors, arguing that the PLA unlawfully excluded them from fairly competing for state-funded work. After an evidentiary hearing, the Court concluded that, at this stage, ABC had demonstrated a likelihood of success on the merits and that the PLA imposed conditions that may violate Pennsylvania’s competitive bidding laws. The Court also concluded that the Department of General Services’ justification for the PLA lacked credibility and did not establish the extraordinary circumstances required for such agreements.
“ABC Keystone is extremely pleased with the preliminary injunction being granted,” said G. David Sload, ABC Keystone President and CEO. “The McNees team did a great job in presenting how the PLA went against the idea of fair, open and nondiscriminatory competition. We look forward to their representing ABC as this case moves to a final outcome.”
The McNees litigation team, led by attorneys Veronica Morrison and Ashley Weber Nichols with support from Caitlyn Bechta, developed the legal strategy, presented witness testimony, and argued the case in court. The injunction preserves ABC members’ ability to compete for public construction projects without being compelled to sign a PLA.
“This is a meaningful step for our client and an important affirmation of the principles of fair and open competition in public contracting,” said Morrison.
McNees continues to represent ABC as the case moves forward toward a final resolution on the merits.
To learn more about how McNees can assist with procurement and public construction challenges, contact Veronica Morrison at vmorrison@mcneeslaw.com or 717-237-5436.
