On May 21, 2026 in Lynch, Inc. v. Board of Education of the Maine-Endwell Central School District (CV-25-0422), the Third Department of the New York State Appellate Division upheld the Broome County Supreme Court’s 2025 ruling that political subdivisions[1] of the State of New York may not “piggyback” on the contracts awarded by others through New York General Municipal Law Section 103(16) for public works contracts, in other words, contracts for construction or renovation of the buildings, facilities, infrastructure and properties of a political subdivision of the State of New York.
Section 103(1) of New York’s General Municipal Law (“GML”) generally requires that all contracts for public work exceeding $35,000 or purchase contracts[2] over $20,000 be awarded via competitive bidding to the lowest responsible bidder. “Piggybacking,” on the other hand, is an exception to the competitive bidding process by which a New York political subdivision uses the existing contract of another political subdivision to acquire goods and/or services. Section 103(16) of the GML specifically authorizes “piggybacking” on the contract of any other political subdivision located anywhere in the country for purchases of apparatus, materials, equipment or supplies or for services related to the installation, maintenance or repair of those items, provided certain conditions are met.
In Lynch, Inc., a school district invoked Section 103(16) of the GML to “piggyback” on a contract for the purchase and installation of HVAC equipment involving site preparation, abatement and construction work in connection with a multi-phase, several million-dollar construction and renovation project. The Third Department affirmed the lower court’s finding that the school district’s use of “piggybacking” for its large-scale construction and renovation project exceeded the scope of Section 103(16) of the GML. The Court concluded that Section 103(16) of the GML is reserved only “for the purchase of specific classes of things” or “arranging for services related to those specific items” and the ability to “piggyback” through Section 103(16) remains viable for such purchase contracts.
Please note that the Lynch, Inc. decision does not disturb a political subdivision’s authority to enter into contracts through alternative means, including, but not limited to: (i) the State’s Office of General Services pursuant to Section 104 of the GML; (ii) piggybacking on county contracts pursuant to Section 103(3) of the GML and Section 408-a(2) of the County Law; and (iii) cooperative agreements pursuant to Article 5-G of the GML.[3]
Although this decision is not binding outside of the twenty-eight counties contained in the Third Department[4], it can serve as persuasive authority to those courts and Departments. Accordingly, we advise against using piggybacking through Section 103(16) of the GML to award contracts for public work.
Ultimately, municipalities should look at the totality of the circumstances when determining whether “piggybacking” is a viable, or legal, course of action and consult with their legal counsel.
For further information, please contact one of our attorneys with any questions and for guidance on the nuances of navigating the complexities of public works and purchases contracts.
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[1] A municipal corporation (e.g., city, town, village, etc.), school district, district corporation and board of cooperative educational services. GML § 100(1).
[2] Purchase contracts may be awarded via “best value” pursuant to GML § 103(1) if the municipality has enacted a local law authorizing such form of competitive procurement or board of education has authorized by resolution or policy the use of “best value” procurement. GML § 103(1). However, “best value” may not be utilized when awarding contracts necessary for the completion of public works subject to Article 8 of the New York Labor Law. Id.
[3] This list not meant to be exhaustive and other types of contracts remain unaffected (e.g., emergency contracts, sole source procurement, professional services, etc.).
[4] Those counties include those in the Capital region, the Southern Tier, the Catskills, and the Northern Tier of the State.
