Barletta Heavy Division Settles $11 Million Contamination Case

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News Summary

Barletta Heavy Division has reached an $11 million settlement over the use of contaminated soil in the Route 6/10 interchange project in Providence. The settlement, deemed unprecedented by the Rhode Island Attorney General, mandates the company to allocate $10 million to the Children’s Fund for dental health services in the area. This case, which began during the COVID-19 pandemic, involved serious implications for public health and environmental safety, following allegations of falsification regarding the soil’s quality.

Rhode Island – Barletta Heavy Division, a construction company based in Massachusetts, has agreed to an $11 million settlement to resolve state criminal charges concerning the use of contaminated soil during the construction of the Route 6/10 interchange project in Providence. This decision concludes a legal battle that emerged in the midst of the COVID-19 pandemic, significantly affecting the company’s operations for over two years.

The Rhode Island Attorney General, Peter Neronha, has characterized the settlement as “unprecedented” for a case of this nature, signaling the seriousness of the implications regarding public health and environmental safety. The case began when concerns arose around the safety of material used in the multi-million dollar highway project, which totaled approximately $248 million.

As part of the settlement, Barletta is mandated to direct a substantial portion, $10 million, to the Rhode Island Attorney General’s Children’s Fund. This fund is focused on enhancing dental health services for children in Providence. The remaining funds will address the investigation and legal costs incurred by Neronha’s office and the Department of Environmental Management.

The issues at hand revolved around the use of contaminated fill, specifically fines and sand brought in from various locations, including a site affiliated with the Massachusetts Bay Transportation Authority. Evidence revealed that Barletta’s former superintendent, Dennis Ferreira, submitted falsified documentation regarding the environmental adequacy of this material, which ultimately led to health concerns.

Ferreira has since pleaded no contest to providing a false statement to the state and has been sentenced to a one-year suspended sentence with probation. Although he took responsibility for his actions, Neronha stated he could not conclusively prove that higher executives were directly involved in the wrongdoing.

In prior legal matters, Barletta had already settled similar federal charges, paying $1.5 million for related contamination issues. The aggressive negotiations that led to this recent settlement were reportedly compounded by delays in litigation that Barletta claims severely hindered its ability to pursue new projects. Indeed, during the legal proceedings, Barletta was barred from bidding on federally funded projects, a restriction the company estimates cost them more than the total settlement amount.

The construction project faced scrutiny from both state and federal authorities after members of the International Union of Operating Engineers filed complaints regarding the soil’s environmental quality. While state environmental tests have indicated that the contaminated soil is not toxic or hazardous, the improper handling of such materials raises ongoing concerns about the lasting effects on community health.

In response to these challenges, Barletta has accused its local competitor, Cardi Corp, of engaging in industrial espionage. The company has alleged that there was collusion with the union to undermine Barletta’s legal standing during this turbulent period.

Looking ahead, the settlement and its outcomes are expected to play a critical role in addressing public health issues linked to dental care among vulnerable communities in Providence. By directing a substantial portion of the funds into children’s dental services, officials aim to repair some of the damage caused during the construction malpractice that has affected local neighborhoods.

Though the fallout from using contaminated materials in construction raises substantial health concerns, state officials emphasize the need for stringent oversight and accountability from companies to ensure public safety is never compromised again.

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Author: HERE PROVIDENCE

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