$100 million lawsuit against RTD continues as Denver Transit Partners files an appeal

Hart Van Denburg/CPR News
An RTD A Line commuter rail train leaves Denver International Airport, with the Continental Divide in the background. Monday, December 20, 2021.

The company that lost its lawsuit against the Regional Transportation District (RTD) in February filed an appeal this week. The legal fight is over more than $100 million in costs related to crossing gate issues at three commuter rail lines.

Denver Transit Partners sued RTD in 2018, claiming RTD should reimburse the company for $111 million due to costs incurred from problems with crossing gates along its commuter rail lines. Denver Transit Partners built, maintains and operates the A-, B- and G-lines for RTD.

RTD said the company tried to “retroactively shift blame,” and countersued Denver Transit Partners for $27 million in damages, plus the opportunity to end its decades-long contract.

In February, a judge denied Denver Transit Partners’ claim, and denied RTD’s countersuit. Now, Denver Transit Partners is appealing.

“We have taken this step because it is important to protect our rights and the rights of our consortium members,” Denver Transit Partners CEO Doug Allen said in a statement. 

“We have enjoyed a very strong working relationship with RTD throughout this lengthy legal process and we expect that to continue. Our focus will remain on delivering a high-quality experience for RTD and Denver-area commuters.”

RTD spokesperson Pauline Haberman said RTD does not plan to file its own appeal in the countersuit, but that RTD is prepared to defend against Denver Transit Partners’ appeal.

“RTD is committed to its longstanding partnership with DTP,” Haberman said in a statement. “The two remain dedicated to serving the current and future transit needs of all customers who rely on commuter rail services in the Denver metropolitan area.”