MnDOT: Lawsuit Could Extend St. Croix Bridge Project into 2015

The Minnesota Department of Transportation (MnDOT) responded this week to a lawsuit filed in federal court late last month by Maple Grove-based C.S. McCrossan alleging that MnDOT and its commissioner illegally rejected its bid to construct the approach work for the St. Croix River Crossing. 

MnDOT officials argued Tuesday in statements and a submitted memorandum that the lawsuit could cost the project more thna $6 million if it is subjected to a 180-day delay as suggested by the suit, and that the suit has "no merit" according to a state department spokesperson. 

Court documents were in opposition to the motion, and affidavits were submitted from attorney Erik Johnson and MnDOT employees Jon Chiglo, Susan Mulvihill, Andrea Robinson and Mary Prescott.

Several of the documents submitted this week are attached to this article. 

McCrossan is seeking an “immediate injunction to halt further work while the courts determine if the department acted properly in awarding the bid to a company with a lower technical score and price tag that was $6 million greater than the McCrossan bid,” according to a news release the company issued Monday afternoon.

• Click here to view the complaint 

The federal lawsuit alleges that MnDOT improperly applied federal rules with respect to hiring disadvantaged business enterprises (DBE).

However, MnDOT states it did its due process and negotiated the deal with the joint venture of Ames Construction and Lunda Construction "in good faith." Ames and Lunda made a distinct effort to use those DBEs, while McCrossan, the state suggest, did not and did not make attempts to do so. 

The state also said the suit shows no signs of McCrossan trying to prevail in the lawsuit, with no efforts to make up the DBE deficiency and no concrete evidence of financial harm.

Affidavits filed by several MnDOT employees spelled out the state's and federal government's case against McCrossan and the financial hardship a delay could mean for the $626 million project.  

Even a slight, two-week delay of the bridge project (which is separate from foundation work, started by a Wisconsin firm late last month) could spike costs by nearly $350,000, the state estimates.  

MnDOT spokesperson Kevin Gutknecht told Finance and Commerce that “We are moving ahead on the project,” on Tuesday. Highway 95 improvements have begun and a ceremonial groundbreaking is still set for May 28.

For complete coverage of the bridge project, visit our St. Croix River Bridge topics page.