A judge Monday rejected a U.S. Department of Justice request to dismiss a lawsuit filed by Tallahassee-based companies that face the possibility of being prevented from working on federally funded projects after being affiliated with an engineering firm that designed a collapsed Florida International University pedestrian bridge.
U.S. District Judge Allen Winsor issued a seven-page decision that will allow the lawsuit, filed by a group of companies and owner Linda Figg, to move forward. He also issued an order scheduling a trial in October 2025.
The companies are affiliated with FIGG Bridge Engineers, Inc., which designed the Miami-Dade County pedestrian bridge that collapsed in 2018, crushing cars and killing five motorists and one construction worker. FIGG Bridge Engineers was blocked in 2021 from working on federally funded projects until 2029.
READ MORE: More than 6 years after fatal FIU bridge collapse, new bridge construction to begin next month
In September 2023, the Federal Highway Administration notified Figg and the affiliated companies of a proposal to keep them off federally funded projects, according to court documents. The lawsuit alleges that the federal agency has violated a law known as the Administrative Procedure Act by not making a timely decision about whether the companies would be prevented from working on projects.
While Justice Department attorneys sought dismissal of the case, Winsor wrote that the “Figg entities have alleged enough to state a plausible claim that the delay was unreasonable and unwarranted.” Winsor on July 10 dismissed an initial version of the lawsuit but allowed the plaintiffs to revise it.
The lawsuit, filed in federal court in Tallahassee, raises a series of arguments, including that affiliation of companies is not enough to legally justify debarment. It seeks an injunction and a ruling that the federal agency has violated due-process rights.
“Debarment based solely on affiliation when there is no evidence of wrongdoing or threat to public safety or to the integrity of the federal contracting system is beyond the authority delegated to defendants by federal statutes and regulations,” the lawsuit, filed by Tallahassee attorney Barry Richard, said.
In addition to Figg, the plaintiffs are FIGG Group, Inc.; FIGG Bridge Inspection, Inc.; FIGG Bridge Builders, LLC; FIGG Bridge Builders, Inc.; FIGG Bridge Managers, LLC; FIGG Bridge Developers, Inc.; F&M Engineers, Inc.; FIGG Engineering Group, Inc.; and Cline Precast, LLC.
