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Only in Massachusetts
January 24, 2008

Let’s see if I’ve got this straight about the Big Dig project in Boston:

Bechtel/Parsons Brinckerhoff, the consortium that oversaw the design and construction of the country’s costliest public works project, yesterday agreed to pay the state of Massachusetts $407 million to cover leaks and design flaws in the Big Dig project. Several other smaller design firms have agreed to pay another $51 million.

The settlement means Bechtel/Parsons Brinckerhoff will not face criminal charges in the July, 2006 tunnel ceiling collapse, in which Milena Del Valle, 38, was crushed by 26 tons of concrete as she and her husband traveled to Boston’s Logan Airport. B/PB will also not be barred from bidding on any other federal building projects.

This project has been nothing but trouble for Massachusetts, as well as for taxpayers nationwide, who footed the bill for the massive endeavor.

Initially, the Big Dig was expected to cost $2.6 billion. But this is Massachusetts. The cost for the project is now $14.79 billion, because of cost overruns. And that’s not all. There have been hundreds (if not thousands) of leaks in the tunnel’s walls.

State and federal prosecutors forced Brinckerhoff to admit errors and neglectful conduct, according to the Associated Press.

Among them:

• The joint venture firm admitted observing that epoxy-fastened bolts were slipping out of the ceiling that eventually collapsed and killed Del Valle, but did not conduct adequate follow-up inspections to ensure the problem was resolved. The firm also acknowledged that documents certifying the tunnel’s safety were not accurate;

• The firm admitted to knowingly permitting the construction of defective concrete slurry walls in the Tip O’Neill Tunnel;

• The firms acknowledged poor oversight of Aggregate Industries, a concrete firm that supplied the project with loads of faulty concrete used throughout the Big Dig tunnel;

• B/PB admitted to poor oversight of contract modifications and work records that inflated the cost of the project;

But what about the companies that weren’t prosecuted?

“The lesson learned is that you can pay your way out of everything,” Christy Mihos, a former member of the Massachusetts Turnpike Authority and long-time critic of the project, told the Boston Herald. “We’re learned nothing, because the taxpayers are going to have to pick up the cost going forward.”

The state of Massachusetts has chosen to criminally charge Powers Fasteners, the company that supplied the epoxy used in the project. Powers has been charged with involuntary manslaughter.

The Brewster, N.Y.-based company has denied responsibility for the fatal collapse. It also is the only one out of 15 companies that settled with the Del Valle family, agreeing to pay $6 million to settle a civil suit.

Powers is a small, family-owned company that employs about 200 people.

Max Stern, one of the lawyers representing Powers, told The Associated Press: “Obviously this is out of Powers’ range,” referring to the $407 million settlement from B/PB.

“The sheer size of this settlement undermines what we think is the undeniable fact that Bechtel bears the responsibility for the accident. After all, Bechtel was responsible for the design, it was responsible for the construction and it was responsible for the inspection of the tunnel—and yet it escapes all criminal charges,” Stern said.

If convicted, Powers faces a $1,000 fine, the maximum penalty in Massachusetts for a company charged with involuntary manslaughter. No individuals were indicted.

So the big guys get away by paying some cash and the smaller guys, who obviously had a much, much smaller role in the tragedy, are the ones criminally prosecuted. It makes one wonder, doesn’t it?

Oh, and by the way: The $458 million is supposed to be set aside for future repair work. Already, it’s going to cost an estimated $50 to $100 million just to do the repairs needed immediately.

Posted by Jack Keough on January 24, 2008 | Comments (0)