Julie Strupp
5 min read
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A Kentucky attorney has filed a false claims lawsuit against the contractors building the $3.6 billion Brent Spence Bridge Corridor project connecting Cincinnati and Northern Kentucky, alleging that they circumvented federal Disadvantaged Business Enterprise requirements, according to the complaint.
The lawsuit names two joint ventures between Chicago-based Walsh Construction and Westerville, Ohio-headquartered Kokosing Construction — referred to in the lawsuit as WKJV and WKJVII — as well as DEI consultancy WEB Ventures LLC and HR firm Make It Plain Consulting, both of Cincinnati.
The builders tapped Jamir Davis, a civil rights attorney at Covington, Kentucky-based J. Davis Law Firm, for his expertise in federal DBE compliance when applying for the Brent Spence Bridge contract, per the complaint. However, after using his qualifications and firm to win the job, Davis alleges that the JV cut him out of the project, neglected to pay him and circumvented DBE requirements.
Per the complaint, Walsh’s self-performing approach — a common industry practice that prime contractors engage in to have more control over a project’s timeline and budget — minimizes subcontracting. The project requirement that approximately 9% of the work be allocated to DBEs and overseen by a qualified, independent entity “significantly undercuts” the JV’s expected revenues, the suit alleges.
“To circumvent this requirement, WKJV and WEB orchestrated a scheme to reduce oversight and compliance with federal diversity standards, prioritizing their financial interests over legal obligations,” the suit reads. “Once Walsh and WEB had utilized JDLF's qualifications and expertise, they conspired against JDLF by fabricating fraudulent qualifications for WEB's project manager.”
Per the lawsuit, filed June 18 in the U.S. District Court for the Eastern District of Kentucky, Davis reported the situation and Ohio DOT substantiated his claims, which led to WEB being terminated from the project. Walsh Kokosing allegedly then hired Make It Plain Consulting to serve as the project’s diversity and inclusion manager, but it was also unqualified for the role.
Davis said the Ohio DOT ignored and enabled these actions by refusing to investigate or respond to open records requests, and allowed the JV to self-perform the oversight of the minority contracts, according to WLWT5, Cincinnati's NBC affiliate. The agency does not comment on pending litigation, an Ohio DOT spokesperson said in an email.
