Although it has formally roped in a dozen other companies the details of the 11-page ceiling collapse civil suit show the focus is on the Bechtel Parsons Brinckerhoff joint venture. The suit forcefully rejects the Bechtel contention - on their website - that B/PB were just consultants and members of a joint project team in which important decisions were made by state officials.

The state suit says at all relevant times B/PB were fully responsible for (a) "overall management, coordination and interfacing of all design and construction projects" and (b) "quality assurance including implementing actions necessary to assure that work and products satisfied requirements for quality." (par 25)

The suit says B/PB did preliminary design for the tunnel finishes including the collapsed ceiling of the I-90 Connector Tunnel, but contracted with Gannett as section design consultant for final design of the tunnel finishes. (par 28)

Gannett's design for the ceiling was based on B/PB's preliminary design. It describes this as "precast concrete panels placed into steel framing modules and suspended from bolts with metal hanger assemblies with bolts anchored with epoxy into holes drilled into the roof of the tunnel shell or anchored with nuts and washers into steel unistruts in the roof of the tunnel." (par 29)

No mention here of any of the "tie-backs" of the unfortunate Turnpike chief at the time Matt Amorello's misunderstanding of construction.

Charges in the suit include:

I: breach of contract by B/PB, Gannett and Modern

II: negligence by all defendants except insurers

III: gross negligence against B/PB and the two companies separately

The third "gross negligence" seems the most serious. It charges B/PB with "indifference to its legal duty" and with "utter forgetfulness of legal obligations"

IV: breach of warranties against all

V: contractual indemnity is asserted against B/PB, the two companies individually and Modern and Gannett

VI: common law indemnity against the others

VII: insurers are hit with surety claims

The suit is signed by Thomas Reilly Attorney General on behalf of the state of Massachusetts and by attorneys for the Massachusetts Turnpike Authority.

Reilly says manslaughter charges warranted

Separately Reilly told the Boston Globe (2006-11-28) his office's investigations persuaded him that the people and companies connected with the tunnel should face manslaughter charges. He said their behavior was "so reckless as to be criminal."

Decision on prosecution however will not be Reilly's. An elected official his term expires in a few weeks time, and his successor will decide the issue.

Reilly says that B/PB project managers "knew the bolts holding up the ceiling sometimes slipped out unexpectedly and they pressed ahead with (this form of) construction anyway."

He said the project managers knew there were problems with the training of workers installing the epoxied bolts and did not double check their work. The ceiling design itself - using glued-into-concrete bolts - was questionable and banned in some states.

"They knew enough at some point to stop, and they didn't do it."

He added metaphors about a ticking clock and fuse that was lit.

Investigation and repair costs alone have reached $30m already, Reilly said. In addition there are lost toll revenues, and costs to other agencies.

"What I saw was a crime. It will be up to a grand jury to determine if it is."

He rejected suggestions that the state was partially to blame because Turnpike officials signed off on the most important decisions. Bechtel/PB he said were hired for possessing a level of expertise which state officials could not be expected to second-guess, he said.

Home Depot gives sounder advice for free

As it turned out the average sales assistant in the fastener department at a Home Depot would have given better advice for free than Bechtel/PB engineers billing $100 an hour - our comment. TOLLROADSnews 2006-11-30