The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the Washington Bridge, which carries I-195 between East Providence and Providence. The bridge was abruptly closed in December 2023 following the discovery of alleged fractured steel tie-downs critical to the bridge’s stability and additional deterioration in cantilever beams throughout the bridge. Before the closure, approximately 90,000 vehicles per day traveled over the bridge.

The complaint alleges that the defendants, the majority of which are experienced, industry-leading firms in their respective fields, were negligent and breached their respective contracts with the State. The State contends that every company that worked on the bridge over the past ten years missed the serious structural conditions alleged. The lawsuit also claims that the State has suffered millions of dollars of damages since the bridge was closed and seeks indemnity and contribution from all defendants to the extent that the State may be liable to third parties in the future.

The State does not acknowledge any responsibility for any of the issues with the Washington Bridge despite having approved the original “one of a kind” design and first learning of potential problems with such design as far back as 1992. The Boston Globe reported that the State also hopes to avoid disclosing information regarding its responsibilities for the bridge, including a recently completed forensic analysis of the cause of the bridge failure. However, based on the allegations in the complaint, the lawsuit will likely open discovery of all Rhode Island Department of Transportation’s records related to the Washington Bridge back to its initial design in the mid-1960s. Such documents could undermine the broad allegations in the State’s complaint for the defendants who choose to fight rather than settle quickly.

The bridge will be demolished soon, and the recently issued initial solicitation to design and construct a new bridge has received no bids. This should come as no surprise, given the highly publicized and political nature of the lawsuit and the broad accusations against all the companies connected to the bridge in the past. Whatever the State hopes to recover in this lawsuit may be offset by the risk priced into the new project… if anyone ever bids on it.