Matter of Suffolk County, 40 N.Y.2d 899 (1976)
A contractor who expressly agrees in a contract to comply with all applicable local ordinances is bound by those ordinances and cannot later challenge their applicability.
Summary
Suffolk County contracted with plaintiffs to install sewer lines. The contract stipulated that the contractors would comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations, including obtaining necessary permits for street openings as dictated by the Town of Babylon. The contractors then sought a declaration that the town’s ordinances regarding street openings were inapplicable to their work. The Court of Appeals held that because the contractors expressly agreed to abide by the town’s ordinances in the contract, they were bound by them and could not challenge their applicability. The case was remitted to the Appellate Division for review of the facts.
Facts
Suffolk County, through its Department of Environmental Control, entered into contracts with plaintiffs to install sewer lines within the Town of Babylon. These lines were to be placed, in part, within the beds of town highways. The contract specifications included provisions requiring the contractors to comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations. The contractors specifically agreed to familiarize themselves with the procedures for securing necessary permits and approvals and to comply with the stipulations contained therein, including those pertaining to pavement replacement on municipal highways.
Procedural History
The plaintiffs initiated a legal action seeking a declaration that the Town of Babylon’s ordinances regarding street openings were inoperative with respect to the sewer line installation work they were performing under contract with Suffolk County. The Appellate Division ruled in favor of the plaintiffs. The case was then appealed to the New York Court of Appeals.
Issue(s)
Whether contractors, who expressly agreed in a contract with a county to comply with all applicable municipal ordinances, can subsequently challenge the applicability of those ordinances to their work under the contract.
Holding
No, because the contractors expressly agreed to abide by the town’s ordinances in the contract, they are bound by them and cannot challenge their applicability.
Court’s Reasoning
The Court of Appeals focused on the contractual language. The court noted the contractors had expressly agreed that “all applicable federal, state and municipal laws, ordinances, rules and regulations and codes of all authorities having jurisdiction over construction work in the locality of the project shall apply to the Contract throughout.” Furthermore, the contractors agreed to