BOSTON, June 20, 2008

Big Dig Contractor Charged With Lying

Federal Prosecutors Accuse Contractor Of Knowingly Using Wrong Epoxy In Fatal Tunnel Collapse

  • Workers walk from a Big Dig tunnel in Boston Tuesday, July 11, 2006, where cement ceiling panels fell late Monday night from the open area visible in the center of the photo. A woman died and her husband was injured when their car was crushed by the falling panels. (AP Photo/The Boston Globe, George Rizer)

    Workers walk from a Big Dig tunnel in Boston Tuesday, July 11, 2006, where cement ceiling panels fell late Monday night from the open area visible in the center of the photo. A woman died and her husband was injured when their car was crushed by the falling panels. (AP Photo/The Boston Globe, George Rizer)  (AP /The Boston Globe, George Rizer)

  • Photo Essay Tunnel Tragedy

    Tons of concrete fall from ceiling of Boston tunnel, crushing a woman in a passing car.

(AP)  Federal prosecutors on Friday charged the Big Dig's largest construction contractor with lying about the quality of its work on two areas of the tunnel system, including the section where a ceiling collapse killed a woman.

The U.S. attorney's office accused Modern Continental of knowingly using the wrong epoxy to hold up concrete anchors that failed in the 2006 ceiling collapse in the Interstate 90 Connector Tunnel.

It also accused the company of knowing about poor workmanship on slurry walls in the I-93 Tip O'Neill Tunnel before portions of the walls blew out in 2004.

Modern Continental was charged in federal court with making false statements, submitting false time and materials slips on contracts and wire fraud. If convicted, the company faces up to $24.5 million in fines, as well as restitution payments.

"This is yet another example of the ongoing commitment by the Big Dig Task Force to vigorously investigate those who have perpetrated a fraud on American taxpayers," said U.S. Attorney Michael Sullivan.

In a statement, Modern Continental called the charges "completely unfounded and without merit."

The company said the charges were "an attempt after the fact to criminalize actions" that were approved by state officials.

The ceiling collapse in July 2006 killed 39-year-old Milena Del Valle, who was crushed when tons concrete dropped on a car driven by her husband.

The U.S. attorney's office alleges that the company knew in December 1999 that the epoxy used to secure the ceiling's concrete anchors wasn't appropriate for long-term loads, but continued to use it anyway and then certified that work was properly done.

The company also allegedly certified that defective concrete panels in slurry walls in O'Neill tunnel were built to specifications, when it knew they weren't. A slurry wall blew out in September 2004, causing water to pour into the tunnel and a major traffic problem.

Federal prosecutors also say Modern Continental systematically overbilled the Big Dig in a scheme that totaled hundreds of thousands of dollars.

In its statement, the Cambridge-based company said its overbilling was a result of bookkeeping errors that were fixed. It said the company underbilled the project for other time and work, and ultimately charged less than it was owed.

Modern Continental said project officials knew certain slurry wall panels were built with slurry that didn't meet specifications, and in some cases specifically approved it. The company said there was no evidence that affected the quality of the finished panels.

The company also pointed to the National Transportation Safety Board's investigation into the 2006 ceiling collapse, which found that Modern Continental didn't know the epoxy being used to secure the concrete anchors was unsuitable for that use.



© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by rhs648 June 22, 2008 1:00 AM EDT
correction

Maybe the government should do the work. Communism removes the need for these contractors. Then we could have really safe tunnels and buildings. They do this in China. Boston = 1 dead & 1 injured. China = 100''''''''s or 1,000s dead in just schools.

Posted by downsteamjim

Not only that, but corrupt communist officials take bribes and give contracts to their family and friends. Human nature seems to be the same regardless of the political or economic system.
Reply to this comment
by rhs648 June 22, 2008 12:58 AM EDT
Maybe the government should do the work. Communism removes the need for these contractors. Then we could have really safe tunnels and buildings. They do this in China. Boston = 1 dead & 1 injured. China = 100''''s or 1,000s dead in just schools.

Posted by downsteamjim

Not only that, but corrupt communist officials take bribes and give contracts to their family and friends. Human nature seems to be the same regardless of the political systen.
Reply to this comment
by downsteamjim June 21, 2008 2:35 PM EDT
Maybe the government should do the work. Communism removes the need for these contractors. Then we could have really safe tunnels and buildings. They do this in China. Boston = 1 dead & 1 injured. China = 100''s or 1,000s dead in just schools.
Reply to this comment
by piercetheval June 21, 2008 2:01 PM EDT
...EPOXY SHADY!!!
Reply to this comment
by tootall10142 June 21, 2008 12:33 PM EDT
If they built the tunnel the way they were built when men WORKED instead relying on some modern parlour trick to keep from having to get off ther arsses and do it by hand.these people should be made to drive thetunnel everyday for back and forth for five years ,oh and bring you children with you.
Reply to this comment
by Latrocinor June 21, 2008 12:27 PM EDT
Back when I did an internship as a construction inspector for a city that did not trust their own inspectors I was constantly harassed and even had my life threatened by the General Contractor and his workers.

I am now biased that Contractors are liars, cheats and borderline criminals out to maximize profit and get out of every contract specification possible.
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by pollroller1 June 21, 2008 12:12 PM EDT
The heck with the regs. There''s money to be made. Pay them inspectors good now so they can getter done. LOL
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by babooph June 21, 2008 11:51 AM EDT
Most likely a Christian businessman.
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by jmurrieta1 June 21, 2008 10:46 AM EDT
Didn''t this happen while that genius Mitt Romney was governor?
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by monkfellow June 21, 2008 10:35 AM EDT
"Greed is good, and Government regulation is bad, right?"-beats me.. government officials approved Modern Continental''s work. Maybe you should talk to the cheerleaders for this project, John Kerry and Teddy Kennedy..
Reply to this comment
by barbaraf4 June 21, 2008 10:32 AM EDT
If I am going to take shortcuts and provide shoddy workmanship, how do I guarantee (to myself) that no one in my family will ever drive in those areas? Or do I even care that catastrophy is just hanging by a substandard epoxy?
Reply to this comment
by hypnotoad72 June 21, 2008 10:03 AM EDT
Contractors, subcontractors they use, and the subcontractors the subcontractors use and the subcontractors of subcontractors of subcontractors... you get the idea. The quest of outsourcing (that''s not necessarily offshoring) might lead to the lowest costs, and quite probably the lowest quality too.

Not to mention the extra amount of time it takes to track down who''s ultimately responsible.

This collapse is one such result.
Reply to this comment
by dobbershome June 21, 2008 5:31 AM EDT
They need to throw these criminals in jail for a long time.
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by sparks224 June 21, 2008 4:51 AM EDT
Greed is good, and Government regulation is bad, right?
So, this contractor is a hero!
Reply to this comment
by nothappyatall June 21, 2008 4:45 AM EDT
n its statement, the Cambridge-based company said its overbilling was a result of bookkeeping errors that were fixed. It said the company underbilled the project for other time and work, and ultimately charged less than it was owed."

Oh YEAH, like we believe THAT, right kids? if their book keeping was that poor then they need to go out of business.
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by sistatee-2009 June 21, 2008 4:30 AM EDT
Since it''s all pork they should call it the Big Pig.
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