Document is from Jay Mehta DLZ on March 18th 2004 to Mr. Moss from Posen Construction. Says that Posen being awarded contract and asks them to pick up documents.

Text message between Bobby and Kwame and Miller on March 30th 2004.

B: "Victor is full of shit, He told me the oridence didn't let him throw Posen out. that is a damn lie. we will talk tonight"

K: "Cool."

M: "That's BS. I am in DC so I will holla tomorrow."

Posen was the number 1 ranked lowest bidder.

Sidebar is called

12:38PM Text message April 1st 2004 from Mercado to Kwame.

M: "Just thought of somethinmg. trying to locate evaluations on contracts from city depts to see for grounds. also looking at delaying work. hopefully we'll have more info tomorrow.

Text from Bobby to own email account July 20th 2004

"Washington blvd FEI instead of Posen." FEI got work on Washington Blvd and Posen did not. Posen got work outside downtown core.

Witness looked at records for FEI and Xcel. Looked at city-issued checks to Ferguson and his companies. Obtained accounting ledgers.

Witness looked at CM 2012, FEI received: WS 650 $3.4 million, WS 651 $3.5 million. Those are approximations.

Chutkow asks about 2014 and 2015. they were construction management contracts, sibling contracts one for east side and the other for west side of Detroit. DLZ was partnered with Superior Engineering. Before DLZ had certification revoked, Superior Engineering was #1.

Lakeshore Engineering paid Ferguson Enterprises and Xcel Construction. Under 2014, they were paid approximately $2 million combined.

A&H was a subcontractor on 2014. Paid Ferguson-related companies approximately $2million. So Ferguson companies got approximately $4million on contract 2014.

Detroit Contracting Inc and Xcel construction had a joint venture. Xcel Construction got $3.5 million on 2015 contract and Ferguson Enterprises got $13.4 million dollars on 2015, so Ferguson got a total of $17.9 million on contract 2015.


The government introduced a series of incriminating text messages today that strongly suggest a behind-the-scenes conspiracy to ensure that Detroit water contracts were steered contractor Bobby Ferguson's way.

EPA agent Carol Paszkiewicz was one of only two witnesses to take the stand today. Agent Paszkiewicz is a federal witness who will testify in different chapters of the Kilpatrick trial. She is one of principal agents investigating allegations of extortion during the Kilpatrick administration in conjunction with Detroit Water and Sewerage Department (DWSD) contracts.

Under questioning by US Attorney Mark Chutkow, the EPA agent talked about a flurry of text messages sent between August 2003 and April 2004 regarding downtown water main contracts awarded under the umbrella contract CM 2012. DWSD awarded company DLZ the construction management contract over other sub-contractors for the project.

In the period the text messages in question were sent, an initial recommendation had been made by DLZ to DWSD to award the CM 2012 umbrella contracts to the three lowest bidders and reject all other contractors. The three lowest bidding contractors were Posen Construction, L D'Agostini & Sons and Lanzo Construction.

And this caused a whole lot of behind the scenes scrambling.

On February 18th 2004, Ferguson texted Kwame Kilpatrick: "Hate to bother you but you need to hear this. Pratap people stopped talking to my people and trying to give the job to one of the other contractors." "Pratap" refers to Pratap Rajadhyaksha, COO at the time of project managers DLZ. Kwame replies: "What?" To which Bobby responds: "Just what you said before we are not part of the decision making, we get fu#$ed no matter how the process started. You still in the office?" 

On March 16th 2004, a day after DLZ sent DWSD its recommendation to grant the three lowest bidders the contracts, former water boss sent Kilpatrick a message saying "Mr Mayor I need to speak with you it is urgent." Later that very same day, the former mayor texted Ferguson telling him to come to his office to talk about "downtown projects."