Suspended Contractor Files Lawsuit Challenging Detroit Water Board's Suspension Policy (UPDATED)

Earlier today, L. D'Agostini & Sons, one of the 13 contractors suspended for 3 years by the Detroit Water Board on December 21, 2011, filed a federal lawsuit contesting the Board's decision. 

The lawsuit alleges that the Water Board's actions violated the contractor's due process rights and violated its rights under 42 USC 1983, a federal civil rights statute.  

In addition, L. D'Agostini & Sons (LDS) has also filed a Motion for a Temporary Restraining Order (TRO) and Preliminary Injunction. The contractor requests that the Court (1) enjoin the City of Detroit from enforcing the debarment order; and (2) order that the debarment as to LDS be expunged. No hearing date has been set on this motion.*

2012-01-05.L D'Agostini v City of Detroit - Complaint

Additional Related Articles:

• Water Board to Review Suspensions, Crain's Detroit Business, January 1, 2012
• Macomb contractor sues Detroit over bidding ban, Detroit News, January 5, 2012
• Construction firm sues over ban, Detroit Free Press, January 5, 2012
• D'Agostini & Sons opts for "Damned if you do. . .", Crain's Detroit Business, January 6, 2012
• Contractor's Decry Suspensions by Detroit Water and Sewerage Dept., Engineering News-Record (ENR), January 16, 2012  

For more about DWSD Update, click here. 

*Update (1/9) (1/10) (1/19): The Hearing on L. D'Agostini & Son's Motion for Temporary Restraining Order and Preliminary Injunction has been re-scheduled scheduled for Wednesday, January 11, 2012 at 2:45 p.m. January 18, 2012 at 2:00 p.m. February 2, 2012 at 1:45 p.m. before the Hon. John Corbett O'Meara.