The contracting team that built three commuter-rail lines for the Regional Transportation District filed an appeal Thursday of a court ruling denying its claim for the transit agency to cover nearly $112 million in unexpected costs.

Denver Transit Partners’ 2018 lawsuit stemmed from problems with crossing-gate technology that delayed the opening of the G-Line and required flaggers at active rail crossings on the A- and B-Lines for more than two years. In a ruling issued Feb. 10, Denver District Judge Andrew P. McCallin, who presided over a late-2020 civil trial, found that DTP had shouldered the risk that it would face difficulties winning regulatory approval for the problem-plagued warning system.

The judge, at the same time, also rejected RTD’s counter-claims for $27 million in damages.

The contracting team’s lawyers have asked the Colorado Court of Appeals to review some of the judge’s findings and interpretations of the partnership contract.

“We believe there are several areas that warrant judicial review by an appeals court,” said Doug Allen, Denver Transit Partners’ CEO and executive project director, in a statement, adding: “We have taken this step because it is important to protect our rights and the rights of our consortium members. We have enjoyed a very strong working relationship with RTD throughout this lengthy legal process and we expect that to continue.”

In a statement, RTD said it was prepared to oppose the contractors’ appeal.

Separately, each side has filed a request for the other to cover its litigation costs, a matter still pending with the trial judge. RTD has asked for DTP to cover $310,257 of its costs, nearly half of that spent on experts. Its filing says that amount is just a portion of the nearly $2 million the agency spent on the case.

DTP is seeking an order for RTD to cover $2.2 million in costs, about two-thirds of that spent on experts.

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