Washington Bridge contractors say RIDOT issued flawed RFP in countersuit against state
Two of the 13 firms being sued by the state for allegedly doing negligent work on the westbound Washington Bridge have filed a counterclaim, alleging the Rhode Island Department of Transportation (RIDOT) failed to tell them about a key inspection report.
The counterclaim filed by Barletta Heavy Division Inc. and Aetna Bridge Company in Providence County Superior Court Thursday argues they should have been alerted to the findings of a January 1992 report by Lichtenstein & Associates, at the time they bid for the state's $78 million contract to rehabilitate the Washington Bridge in 2021.
The 1992 report was cited by the state in its lawsuit against the firms, claiming they all should have known about deterioration in the concrete drop-in beams and signs of distress in the grout and cantilever beams that were eventually deemed a risk to the bridge's structural integrity. The westbound span on Interstate 195 was closed in December 2023 when engineers determined the bridge was at risk of collapsing.
'RIDOT knew or should have known, or ought to have known, that the Washington Bridge incorporated a unique design that limited the ability to determine its condition from visual inspections alone,' the counterclaim states.
The westbound bridge is expected to be rebuilt by November 2028 and cost up to $427 million. Chicago-headquartered Walsh Construction Company was awarded the state's contract on June 6 after two attempts by Gov. Dan McKee's administration to secure a bridge builder.
Work is scheduled to begin in July, which overlaps with the ongoing demolition of the existing bridge by Aetna, which is among the 13 firms being sued by the state. The Warwick-based contractor is expected to complete its work by the end of 2025.
Barletta and Aetna claim the state concealed the true condition of the bridge and neglected to conduct the appropriate testing ahead of issuing a request for proposals in 2021. Instead, the companies allege that they received a project scope which did not identify any structural deficiencies with the post-tensioning system.
The 1992 report called for RIDOT to perform additional radiographic and other evaluation of the Washington Bridge before any future attempts to rehabilitate the span over the Seekonk River.
'The Rhode Island Department of Transportation may have averted a costly and disastrous emergency closure of the Washington Bridge last December if it had followed recommendations in a detailed 1992 inspection report,' Barletta spokesperson Sallie Hofmeister said in an emailed statement.
Because of the state's alleged failure to investigate the bridge, Barletta and Aetna claim they were deprived of incentives available after successful completion of the initial rehabilitation project. The two firms have asked the court to issue a judgment against the state for all of its damages plus interest.
The state's initial August 2024 complaint seeks to recover damages based on alleged economic losses and physical damages, along with breaches of contracts.
RIDOT spokesperson Charles St. Martin deferred comment to Rhode Island Attorney General Peter Neronha's office, which is handling the state's case.
'Counterclaims are to be expected in a case like this,' Timothy Rondeau, a spokesperson for the AG's office, said in an emailed statement.'The state stands by the allegations in its complaint. As this is part of ongoing litigation, we have no further comment.'
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