MYNORTHWEST NEWS

Contractors seeking $480 million for Bertha break lose in court

Nov 4, 2016, 1:05 PM

Bertha...

Court filings show contractors have filed a $480 million claim with the state to cover the cost of repairing and reinforcing Bertha. (WSDOT)

(WSDOT)

A Thurston County judge dealt a major blow to efforts by the contractor building a new State Route 99 tunnel to bill the state for damage to the giant drill Bertha.

Late Friday morning, Superior Court Judge Carol Murphy ruled that under the design-build contract, Seattle Tunnel Partners cannot seek money for damages to its equipment, and only seek reimbursement for other losses, like time delays.

Berth has reached the 1 mile mark

Court filings show contractors have filed a $480 million claim with the state to cover the cost of repairing and reinforcing Bertha.

The $480 million is six times the machine’s $80 million cost.

The interim claim, filed September 30 and not previously reported, is Seattle Tunnel Partners’ working estimate of its cost to repair Bertha, which overheated and broke down in December 2013.

In court Friday, WSDOT argued that by signing the contract, STP waived its right to recover money from damage to equipment, including the tunnel boring machine.

STP maintains Bertha was excluded from that waiver, and that in the construction industry it is typical to differentiate between key equipment like the TBM, and other construction equipment.

The judge’s ruling in the state’s favor is a milestone in the legal dispute unfolding between WSDOT and STP over liability for repairing Bertha.

In 2014, contractors filed a placeholder request with the state for $125 million to cover the cost of repairs, a request the Washington State Department of Transportation denied.

The new $480 million claim might not be the final request from STP related to the breakdown as contractors have indicated they are still tallying the costs.

Fixing Bertha took two years.

Contractors dug a giant pit on the Seattle waterfront to lift the front end of the machine to the surface for repairs.

It was also substantially reinforced to complete the tunnel drive between Pioneer Square and South Lake Union.

Contractors said last summer they now project opening the tunnel in early 2019, three years late.

Because of the delay, WSDOT’s costs have been rising, too.

In July, project leaders told legislators they need an additional $60 million in the 2017-2019 biennium.

They also warned total overruns might grow as high as $223 million by the time the project is done, that’s 6.6 percent.

The state says Bertha’s breakdown led to lots of higher costs, like longer property leases for construction.

“Two years is two years of overhead that we had not anticipated and all of the associated ancillary costs that come with delay,” WSDOT’s Chief Engineer, Linea Laird, said in July.

That overrun estimate does not include any money the state might someday be forced by a court to pay related to the breakdown.

Contractors blame the state for the breakdown, claiming WSDOT did not adequately warn about the presence of an eight inch steel pipe in Bertha’s path, which the machine struck and chewed up in December 2013, shortly before grinding to a halt.

State officials disagree that the pipe was the cause of the breakdown.

WSDOT says other factors led the machine to overheat and the seals protecting the main bearing to become contaminated.

Since the repairs, contractors say the machine has been working well, although at a slow, cautious speed.

On Thursday, WSDOT reported Bertha hit the one-mile mark in the 1.7 mile dig.

STP’s contract with the state is worth nearly $1.4 billion.

The entire budget to replace the earthquake-vulnerable Alaskan Way Viaduct is $3.1 billion, which includes 31 different projects.

KIRO 7’s Graham Johnson found the $480 million figure in documents filed in Thurston County Superior Court, where WSDOT has sued STP over tunneling delays.

Bertha’s manufacturer, Hitachi-Zosen, is a third party in that lawsuit.

Following the judge’s ruling Friday morning on a summary judgement motion, attorneys for the state, STP and Hitachi-Zosen all declined comment to KIRO 7, saying they were not authorized to speak to the media.

Please follow our Community Guidelines

MyNorthwest News

FDA Recall WA Listeria...

Regan Gallo-Fenz

FDA recalls breakfast sandwiches for potential Listeria exposure sold in WA, OR

The U.S. Food and Drug Administration is recalling more than 2,400 breakfast sandwiches because the biscuit used in the sandwiches may be contaminated with Listeria Monocytogenes.

31 minutes ago

woodinville fire mobile home Snohomish County...

Jason Sloss, KIRO 7 News

‘He died a hero’: Man dies in Woodinville mobile home fire, helps save girlfriend

A man died in an early morning mobile home fire in Woodinville Monday, after reentering the burning home to alert his girlfriend. Don Nolan died in the fire.

1 hour ago

Milton shot survival...

Nia Bliss, KIRO 7 News

22 year-old woman shot inside Milton home shares story of survival

A 22-year-old Pierce County woman who was shot multiple times near 15th and Alder in Milton is now out of the hospital and sharing her story of survival.

2 hours ago

mill creek...

Chris Sullivan

Emergency bridge repairs to shut down busy Mill Creek road this weekend

Getting in and out of Mill Creek is going to be rough this weekend. The city is shutting down one of the busiest roads in Snohomish County.

2 hours ago

atmospheric river...

Ted Buehner

Potential atmospheric river could bring heavy rain and blustery winds to western WA

The weekend weather system in western Washington has characteristics of an atmospheric river.

2 hours ago

prosecutor in Washington...

Associated Press

Faced with influx, prosecutor in Washington says he lacks resources to defend immigration cases

The U.S. Attorney's Office for the Western District of Washington said it no longer has the staffing to defend every immigration case.

13 hours ago

Contractors seeking $480 million for Bertha break lose in court