Rhode Island

Sue First, Discover Later: State Drops a Second Washington Bridge Defendant and Asks to Push Trial Into 2028

Virtue Forge briefing · Based on WPRI 12 Target 12 reporting (Oct. 5, 2026; July 16, 2026; June 23, 2026; June 2026) and The Providence Journal (June 10, 2026)

What happened

On Monday, Oct. 5, WPRI’s Target 12 confirmed that the state will dismiss Aries Support Service Inc., a local engineering and construction firm, from its lawsuit over the failed westbound Washington Bridge. Aries is the second of the original 13 defendants dropped this year. Commonwealth Engineers & Consultants was let go in June. Both were dismissed without prejudice, and Attorney General Peter Neronha’s office gave the same reason both times: “discovery produced by defendants to date… highlights the central role of other defendants.” Eleven companies remain.

WPRI also reports that the state asked the court last week for a six-month extension of all remaining discovery deadlines and the trial date. The state cited the volume of discovery a judge ruled it must turn over to the defense. The trial had been expected in late 2027, and the extension would push it into 2028. The state’s lawyers also said they plan to amend the complaint by Oct. 7 to answer a defense first raised at a Sept. 2 hearing. In their words, that defense “may materially reshape one of the core issues in this action: whether the bridge was salvageable.” No hearing on the extension has been scheduled.

Some background: Gov. Dan McKee’s administration sued 13 contractors and engineers in August 2024, promising a “day of reckoning” for the bridge’s sudden closure in December 2023. The defendants have blamed the state, arguing that RIDOT officials had decades of inspection data and bore ultimate responsibility for the bridge. Discovery has been a fight from the start. In June, Judge Brian Stern appointed retired Judge Netti Vogel as a special master to settle the disputes. Defendants told the court that about 84% of the state’s document production arrived in April and May 2026, nearly a year after AECOM’s first request. In July, Barletta/Aetna said the state had produced only seven emails and seven text messages from Gov. McKee, all from December 2023 to April 2024. It also said there were no texts at all from Deputy Chief of Staff Joseph Almond, and none from anyone for the administration’s first two and a half years. AECOM separately sought emails from RIDOT Chief of Staff John Igliozzi.

Meanwhile, the bill keeps growing. WPRI reports that bridge-crisis costs have passed $200 million and are expected to top half a billion dollars by the time the replacement span opens, now projected for November 2028.

Fact check: “Dismissed without prejudice” means the state could refile against Aries or Commonwealth later. Neither company has been cleared by a court, and the remaining defendants haven’t been found liable for anything. The state’s case is still allegations of breach of contract, breach of fiduciary duty, and negligence. In fairness to the state, its lawyers say they’ve produced nearly 1 million pages and have started depositions. Neronha says discovery disputes like these are “commonplace” in complex civil cases, and McKee has said the state turned over “millions of pages of reports.” The “seven emails” and “84%” figures come from defense filings as reported by WPRI. They are one side’s description, not court findings. The extension request also hasn’t been granted yet, so a 2028 trial is what the state is asking for, not a scheduled date.

Virtue Forge commentary

This lawsuit started as a press conference. Months after the bridge was shut, the administration named 13 private companies and promised a reckoning. Two years later, the state’s own lawyers have dropped two of them, say a core question (could the bridge have been saved?) may need to be re-argued, and want another six months. Every one of those choices may be defensible on its own. Together they show a government that pointed at the contractors first and gathered the evidence second.

The discovery fight is the part taxpayers should watch. The state owned the bridge, inspected it, and chose to demolish it. When the companies it’s suing ask for the governor’s and RIDOT’s own communications, the answer shouldn’t be seven emails, a court-appointed referee, and a flood of documents just before the deadline. If the state’s case is strong, full transparency only helps it. If the case depends on keeping RIDOT’s own record out of view, Rhode Islanders deserve to know that before another two years of legal bills.

Bias check: Contractors who do shoddy work on public infrastructure should pay, and a lawsuit is a legitimate way to recover money for taxpayers. Dropping weak claims is better than pressing them. It’s also possible some defendants are stalling, as the state says. Our objection isn’t to suing. It’s to a state that keeps the blame on everyone but itself while it controls the paper trail.

Competent, humble government owns its failures. A free people shouldn’t need a special master to learn what their own transportation department knew about a bridge they paid for. Whoever is governor in January should open the state’s bridge record to the public, not just to opposing counsel. Then voters, not the litigation schedule, can judge who failed and when.

Original reporting

Read the underlying sources:

WPRI 12 — Rhode Island drops second company from Washington Bridge lawsuit (Oct. 5, 2026)

WPRI 12 — Washington Bridge defendant accuses RI of withholding McKee records (July 16, 2026)

WPRI 12 — RI will drop lawsuit against 1 of 13 Washington Bridge defendants (June 23, 2026)

WPRI 12 — Special master appointed in Washington Bridge lawsuit amid fight over McKee, RIDOT emails (June 2026)

The Providence Journal — Construction starts on new Washington Bridge, to be finished in 2028 (June 10, 2026)

R.I. Attorney General — Washington Bridge lawsuit filings (PC-2024-04526)