'Your cooperation is expected': Firms connected to Washington Bridge work notified they may be sued

PROVIDENCE – Lawyers working for the McKee Administration have sent warning letters to a dozen of the private companies that for years inspected or did work on the failing Washington Bridge before the abrupt, permanent Dec. 11 shutdown of the doomed westbound span.

The letters that went out from the law firms of Max Wistow and Jonathan Savage went to a now familiar litany of companies:

• AECOM

• Cardi Corporation

• Barletta Heavy Division

• Aetna Bridge

• Vanasse Hangen Brustlin

• Michael Baker International

• And a number of other engineering companies.

What do the letters say?

Dated April 19, the letters advise each company to put their insurance companies on notice that two law firms are investigating "potential claims relating to the Washington Bridge,'' which may result in one or more lawsuits.

"We do not yet know who any defendants will be," the letter reads. "Accordingly, we are sending this letter to all entities that we know to have had any involvement with the design, construction, inspection, maintenance, or repair of the bridge,'' who may be named as a defendant.

"You may consider it prudent to notify your insurance carrier of this letter."

The letter also advised the firms that they can, if they want, make an appointment to "inspect the bridge now, prior to its demolition."

Suspend all destruction of documents

There is a sharp warning to all of the companies, including AECOM, a global engineering firm that was a longtime inspector of the bridge, engineering analyst and "owner's representative" on the abruptly cancelled work underway when the potentially catastrophic failings were inadvertently discovered:

"If you have not already done so," the letter orders all of the companies to "immediately suspend all destruction or disposal of any documents that relate or are relevant in any way to the bridge irrespective of any policies regarding document retention and/or destruction."

The demand extends from computer files to thumb drives, CDs, cell and “smart” phones, call logs, social media sites (including Facebook, X/Twitter, Slack, etc.), audio recordings, videotapes, e-mails, text messages, telephone logs and more.

More: A report warned the state about the Washington Bridge in 2015. Why was nothing done?

McKee: The day of reckoning is coming

The letters mark the start of the pursuit of potential damages that Gov. Dan McKee announced on April 5, when he confirmed his hiring of Wistow, the lawyer who sued those involved in the 38 Studios deal and Station nightclub fire in hopes he will do something similar to whoever is to blame for problems on the westbound Washington Bridge.

On that day, McKee said there would be a day of reckoning for those responsible. As the letters indicate, the focus on winning money from one or more lawsuits has raised questions about whether the "accountability" McKee is talking about will only be focused on the deep-pocketed private contractors and consultants hired by the state instead of the Department of Transportation officials they were working for.

A team of engineering consultants has been studying what mistakes were made to cause the bridge's condition to deteriorate to the point it could collapse.

McKee has delayed releasing the "forensic analysis" so its findings can be coordinated with the legal team. The potential release date has been pushed back more than once since then.

This article originally appeared on The Providence Journal: Firms that worked on Washington Bridge notified they may be sued