MYNORTHWEST NEWS

Dispute over missing evidence in Bertha breakdown goes to court

Jan 9, 2019, 5:40 PM

Bertha, SR 99 tunnel lawsuit...

Bertha has continued to cause controversy long after being decommissioned. (WSDOT)

(WSDOT)

Some pieces of the steel pipe the tunnel machine Bertha struck five years ago sat in a bucket Wednesday in a Thurston County courtroom.

RELATED: A Bertha timeline from conception to tunnel completion

But other fragments that actually went through the machine are missing, and the focus of a hearing in the lawsuit over the cause of Bertha’s breakdown.

“The only pieces they say caused damage to the cutterhead or the TBM (tunnel boring machine) are all lost or destroyed,” said David Goodnight, an attorney representing the Washington State Department of Transportation.

Seattle Tunnel Partners claims Bertha required $642 million in repairs because it struck a steel pipe in December 2013 the state did not adequately disclose.

The state disputes that and says the contract protects taxpayers from paying for repairs.

STP stored pieces of the pipe on a pallet on the worksite beside a porta-potty.

As KIRO 7 first reported in December, piece of the pipe disappeared in 2014, probably sent to a recycler, after workers were told to clean up the job site.

“It was an accident,” said John Dingess, attorney for Seattle Tunnel Partners. “There was no intent to throw them away, there was no motive to throw them away.”

Also missing are handwritten journal entries from STP deputy project manager Gregory Hauser from the time of the breakdown.

“I have no explanation of it,” Hauser testified. “I looked every place I could think of where they could possibly have been and I was unable to find them.”

Thurston County Superior Court Judge Carol Murphy will consider sanctions against STP over the lost evidence.

Wednesday’s hearing also provided a glimpse into the state’s argument over the bigger question of liability for the breakdown.

“STP’s operation (of Bertha) was a complete disaster,” Goodnight told the judge. The cutterhead of the TBM was repeatedly clogged and the TBM was badly damaged even before it stopped.”

STP’s attorney responded that Bertha broke down early in the tunnel drive, a time experts typically recognize as having a “learning curve.”

RELATED: What happens next for Bertha, Seattle’s waterfront tunnel

“Each of these machines is unique and the operators optimize the performance of the machine and the machine performance continues to get better during that learning curve period,” Dingess said.

A trial over the liability for the breakdown could be held as early as this fall.

In December, WSDOT disclosed at the end of a blog post that the state’s cost related to tunneling delays now totals $156 million for things like extended property leases and project administration.

The tunnel is expected to open next month, about three years late.

Written by Graham Johnson

MyNorthwest News

seattle center diwali festival...

Charlie Harger

Harger: Kids danced at Seattle Center’s Diwali festival. 2 men showed up with racist signs

Saturday at the Seattle Center Armory, kids were dancing on stage at Diwali. Then two men walked in with American flags. One sign used a slur for Indian people.

2 hours ago

woodinville house fire...

Jason Sutich

1 dead in Woodinville house fire, another escapes through window

At least one person died in a house fire in Woodinville early Monday morning, and another escaped through a window.

3 hours ago

mountlake terrace dna skull...

KIRO 7 News Staff

Scientists looking to find relatives based off DNA of partial skull found in Mountlake Terrace

Forensic genetic genealogists have processed the DNA of a partial skull found in a home that was sold in Mountlake Terrace in 2025.

3 hours ago

Aberdeen sex offender...

KIRO 7 News Staff

76-year-old Aberdeen sex offender arrested in Internet Crimes Against Children investigation

A 76-year-old in Aberdeen was one of two people arrested in separate Internet Crimes Against Children investigations in Grays Harbor County this past week.

3 hours ago

Diwali seattle center...

Heather Bosch, KIRO 7 News

Diwali celebrations continue despite disruption at Seattle Center

Lawmakers have condemned a video of a protest that has gone viral, showing two people interrupting a Diwali celebration at Seattle Center.

3 hours ago

Title Austin Leming...

James Lynch

Kent family seeks answers in 2021 disappearance and likely murder of Austin Leming

Nearly five years after Austin Leming disappeared from a Kent apartment complex, his family is still waiting to learn where he is.

3 hours ago

Dispute over missing evidence in Bertha breakdown goes to court