THE EFFECT OF THE DECISION REFERRED TO IN THIS ARTICLE may very well influence the courts of New York and New Jersey. Subcontractors submitting multi-million dollar bids for public works projects should be aware ofa recent Connecticut ruling which shielded the Connecticut State Department of Public Works ("Department") from litigation involving a listed subcontractor's appeal of a Department decision. In Ferguson Mechanical Co., Inc. v. Department of Public Works, 282 Conn. 764, 924 A.2d 846 (2007), the Supreme Court ofConnecticut held that once the Department approves a General Contractor's (GC's) request to replace a listed subcontractor on a bid for a public improvement project, the aggrieved listed subcontractor cannot appeal the Department decision in court.

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