Rhode Island sues 13 companies over Washington Bridge failure

PROVIDENCE, R.I. (WPRI) – Rhode Island has filed a lawsuit against 13 companies over the failure of the Washington Bridge, alleging they failed to identify and address "worsening structural issues" that ultimately resulted in its abrupt closure last December.

The allegations of breach of contract, fiduciary duty and negligence were outlined Friday in a long-anticipated complaint filed in R.I. Superior Court. The state is seeking to recoup an undisclosed amount of taxpayer money paid for work done on the westbound I-195 bridge, which is now set to be demolished due to structural failures.

“In the nearly nine months since the abrupt closure, our economy has borne an immense cost, and our state has and will continue to have to expend significant resources as a result," R.I. Attorney General Peter Neronha said in a statement announcing the lawsuit.

"Today’s lawsuit seeks to hold accountable those responsible and recover the maximum amount possible for the state," he added. "Litigation is a long road and today marks the first step on that road. We are committed to working with our partners to secure as much relief for the state as we can.”

The bridge -- which connects East Providence and Providence -- carries about 90,000 vehicles each day, making it one of the busiest in the state. State leaders closed it after they said an engineer discovered structural problems that raised the possibility it could collapse.

“As promised, the state is pursuing accountability from all responsible parties who we assert have contributed to the current situation with the Washington Bridge,” said Gov. Dan McKee, who hired the outside legal team that prepared the complaint.

The defendants named in the lawsuit include:

• AECOM Technical Services Inc.
• Aetna Bridge Company
• Aries Support Services Inc.
• Barletta Heavy Division Inc.
• Barletta/Aetna I-195 Washington Bridge North Phase 2 JV
• Collins Engineers Inc.
• Commonwealth Engineers Consultants Inc.
• Jacobs Engineering Group Inc.
• Michael Baker International Inc.
• Prime AE Group Inc.
• Steere Engineering Inc.
• Transystems Corporation
• Vanasse Hangen Brustlin Inc.

'All knew or should have known'

The current version of the westbound bridge was originally opened in 1968.

In the time since, state attorneys alleged that the defendants "all knew or should have known of the engineering features of the bridge, and therefore should have taken these characteristics into account as part of their collective obligations to the state."

The complaint shows structural issues with the bridge were flagged as early as 1992, when a report noted that problematic "drop-in beams" were "all showing signs of distress."

But the firm hired to do the inspection -- Lichtenstein & Associates -- concluded it was "'unlikely' that the cracks in the post-tensioned cantilever beams would 'continue to grow.'"

"As future inspections later revealed, however, that prediction was wrong," attorneys wrote Friday.

Lichtenstein isn't named as a defendant in this lawsuit, which focuses heavily on work done to the bridge over the past 10 years.

The timeframe makes sense from a litigation standpoint, as the statute of repose is 10 years in Rhode Island. (Statute of repose is similar to statute of limitation, but it's specific to real estate. It typically begins when construction on a project is completed.)

The lawsuit reveals that five engineering firms, including AECOM, inspected the bridge between 2015 and last December, when the westbound side closed due to fractured tie-down rods.

"Like AECOM and its subconsultants under the 2014 AECOM contract, however, none of the firms that conducted the inspections adequately recognized or addressed critical elements of the bridge's structural safety and integrity," state attorneys wrote in the lawsuit.

The lawsuit walks through each inspection and the companies involved in that time frame, alleging the companies all failed to identify significant structural issues with the bridge and report them to the state's transportation agency.

"All the foregoing engineering firms failed to identify, recognize, or address critical elements of the bridge's structural safety and integrity," attorneys wrote.

The lawsuit also outlined how companies often focused on issues related to one part of the bridge while seemingly ignoring or missing other parts of the bridge that had been previously points of concern.

As an example, attorneys pointed to a 2021 joint venture of three companies -- Aetna, Barletta and VHB -- which said it spotted fractured tie-down rods in "pier 4" of the bridge. But they "did not address their existence at piers 6 and 7," according to the lawsuit.

The joint venture promised it could extend the life expectancy of the bridge by 25 years, yet "these plans still did not address the existence of any possible problems relating to the tie-down rods at piers 6 and 7," according to the lawsuit.

McKee has stood by R.I. Department of Transportation director Peter Alviti, who became head of the agency in 2015. And no government officials have been held accountable publicly for anything to related to the bridge.

The lawsuit doesn't blame state officials in any way for the bridge failure, and attorneys have asked that Rhode Island be held harmless if at any point in the future any third parties sue them or the defendants.

But state attorneys hedged for the possibility of being found at fault in the future, arguing that if Rhode Island is ever found liable for the bridge failure, the defendants must share in the cost of any damages. The share would be broken down based on a civil finding known as "percentage of fault."

Despite being named in the lawsuit, three of the companies are currently doing work on the bridge, including AECOM, Michael Baker and VHB, according to a monthly report by the state.

Barletta was hired to work on the Henderson Bridge, which also connects East Providence and Providence, along with the 6-10 connector project.

Aetna, another of the defendants, was hired to build the original bridge in the 1960s. The state in June awarded Aetna nearly $50 million to demolish it.

Aetna spokesperson Frank McMahon said the third-generation Rhode Island company is proud of its "more than 76-year history of bridge construction and repair work in our state."

"We are aware of litigation filed today related to the failure of the Washington Bridge," McMahon said in a statement. "We stand behind the quality of all our past work and the work we will perform in the future. We will vigorously defend ourselves against any claims made in this lawsuit."

Who's in control?

The lawsuit comes four months after McKee hired outside attorneys Max Wistow and Jonathan Savage to examine whether the state could pursue any legal action related to the bridge failure.

McKee had famously promised "a day of reckoning" for those responsible, as polls show voters have been dissatisfied with his handling of the bridge crisis.

"The main thing is to make sure we position ourselves for the largest recovery we can for those we want to hold accountable," McKee told reporters Friday morning, adding that "the day of reckoning is beginning."

Wistow is well-known for his role in helping Rhode Island recoup millions tied to the state's failed investment in 38 Studios, a defunct video game company created by former Boston Red Sox pitcher Curt Schilling.

After months of work putting together the lawsuit, the two attorneys and McKee signed an agreement this week with Neronha, relinquishing "complete control" of the litigation process to the attorney general moving forward.

Wistow and Savage will remain on the case under their original agreement with the governor, but Neronha will have veto power over all legal decisions moving forward, according to the new agreement. Neronha agreed to make decisions in consultation with the governor, according to the agreement.

Neronha, who has a frosty relationship with McKee, has indicated he was looped in by Wistow and Savage in recent weeks after they determined only his office had clear authority to sue on behalf of the state.

The bridge failure has been one of the biggest issues facing state government in 2024. The closure has created snarled traffic for tens of thousand of frustrated commuters. And it's caused political headaches for state leaders, who are now facing unexpected infrastructure costs in a state that already ranked as having the worst bridges in the country.

The expected price tag to demolish the existing structure and rebuild a new one has steadily ballooned to nearly $500 million, and state officials acknowledge that number will likely continue to grow. The state is preparing to borrow $140 million to help fund the project, and is also expecting a decision this fall on its application for a $221 million federal grant.

After initially setting a goal of reopening the bridge by fall 2026, state officials have since abandoned the timeline after no companies bid last month on the state's first solicitation for offers.

McKee said Friday his administration has responded well the infrastructure debacle. He also expressed optimistic about the direction of the state, saying he plans to hold a news conference in the coming weeks to commemorate the start of demolition of the defunct bridge.

"My focus right now is to recover what we can that was prior to December 11th, and to make sure that we get back to a normal traffic flow -- which we're almost there right now," he said. "Then tear down the bridge and build a new bridge."