iStock illustration
Two losing bidders sued the state and the winning developer Thursday to block Springfield’s new regional courthouse project.
USPB JV, LLC, led by James E. “Jeb” Balise, and Springfield Tower Square, LLC, led by Dinesh Patel, filed a verified complaint in Hampden County Superior Court against the Massachusetts Division of Capital Asset Management and Maintenance and FDS MA Liberty Junction, LLC, the entity associated with the winning proposal.
The developers are seeking to halt the state’s planned 40-year lease for the Springfield Regional Justice Center until a judge reviews their claims that the procurement violated state law and the project’s request for proposals.
The lawsuit challenges DCAMM’s provisional selection of Liberty Junction, a team that includes FD Stonewater, CoJo Partners and Suffolk Construction. CoJo Partners counts Massachusetts Convention Center Authority Interim Executive Director John Barros and Conan Harris, the husband of U.S. Rep. Ayanna Pressley, among its principals.
The complaint alleges the award “is rife with conflicts of interest” pointing out that Barros became interim executive director of the MCCA in January, “a powerful state agency whose Board of Directors include senior DCAMM officials”, while DCAMM was still evaluating proposals. It also alleges the winning proposal also failed to comply with multiple requirements in the request for proposals.
According to the complaint, “the Liberty Junction proposal failed to comply with the RFP in numerous material respects, including failure to comply with leasing requirements, and containing inconsistencies on tax treatment.”
The plaintiffs are asking the court to declare that DCAMM violated the conflict of interest law and materially breached its procurement, set aside the provisional award or void any executed lease, and issue an injunction preventing the state from moving forward with the project while the case is pending.
“This is not an effort to stop Springfield from getting a new courthouse. It is an effort to prevent the Commonwealth from locking taxpayers into a 40-year lease before serious questions about the award are reviewed,” Balise said in a statement.
DCAMM announced July 2 that Liberty Junction had been provisionally selected to redevelop 125 Liberty St. into the future Springfield Regional Justice Center under a long-term lease. State officials said the proposal offered the best overall value, citing its lower projected cost, accelerated delivery schedule and downtown location.
Barros did not respond to a request for comment when the award was announced. DCAMM said it would not comment on ongoing litigation.
