Michigan DOT sues Ambassador Bridge company charging breach of contract

Posted on Thu, 2009-06-25 00:58

Michigan DOT have gone to court to try to force the Ambassador Bridge company to build connections to the interstate highways nearby in conformity with a contract for a project called the Ambassador Bridge Gateway Project. The court case is one of a series of disputes and litigation the Bridge company - called Detroit River Bridge Company or DIBC - is involved in.

Today's complaint to Wayne County Circuit Court says that DIBC "has unilaterally and materially abandoned the agreed terms and design" of the Gateway project, and is instead building structures that "frustrate the purpose of the agreed project" and violate the legal rights of MDOT and third parties. MDOT risks losing $145m of federal funding, he complaint says, if DIBC get away with unilaterally altering the project.

The state seeks a court order compelling DIBC to adhere to the contract and to pay damages for extra costs caused. The complaint says that DIBC have unilaterally occupied a public street (23rd St) instead of building a two lane elevated truck ramp and a 3-lane car ramp over 23rd St as contracted.

The complaint also charges DIBC with:

- constructing toll facilities where they had agreed to provide an access drive

- putting fuel pumps where they had agreed to build a ramp over 23rd Street

- installing underground tanks where they had agreed to build a 2-lane truck road and ramp

- building a bridge pier blocking an agree 2-lane truck road and a return route

- construction that has not received needed permits from the City or from FHWA

New bridge the underlying issue

Local observers say that DIBC is building ramps to provide access for a new 6-lane span it plans alongside the 1929 4-lane span. But DRIC has not received permits on either the US or the Canadian side of the river for a new span. Indeed both federal governments and Michigan and Ontario favor a new bridge planned about a mile downriver.

see: http://www.partnershipborderstudy.com/

and http://www.michigan.gov/mdot/0,1607,7-151-9621_11058_36266---,00.html

DIBC is suing to stop the downriver bridge, claiming proper procedures were not followed in the selection of the downriver bridge.

Earth dumped to stop DIBC

Also this week DIBC's president Dan Stamper complained that Michigan DOT had dumped many truckloads of construction clay and rock on a new ramp from I-75 to the Ambassador Bridge.

see picture nearby

Stamper was quoted: "“I thought it was dirt or clay, but after having it analyzed it’s retaliation. They started dropping this dirt and won’t give any date for opening. Instead of opening this ramp, they have used it as a landfill.”

A Michigan DOT spokesman Bill Shreck says the ramp isn't ready for traffic so it is being used as a place to store soil temporarily. He also says that MDOT wants to stop the bridge company from using the ramp because it makes connections that are in breach of contract and without permits.

MDOT will use the stored earth to prevent the bridge company opening what the state considers an illegal ramp.

State DOT complaint:

http://www.tollroadsnews.com/sites/default/files/COMPLAINT.pdf

on the Gateway Project: