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Big Dig Epoxy Indictment: The Silly Season Starts
There’s no question in my mind that there was significant professional sloppiness involved in the supply of epoxy materials for the turnpike connector tunnel that experienced a catastrophic failure a year ago when a portion of the concrete roof collapsed, killing a passenger in a car. But criminal negligence? That’s outright silly. Yes, the wrong type of epoxy was used. Internal memos already reported on this Web site show that Powers Fasteners notified the appropriate Massachusetts highway engineer all the way back in 1999 that the quick-setting epoxy was not appropriate for the sustained loads experienced in the ceiling. Two types of epoxy were shipped to the work site and the wrong type was used for the ceiling. Where is the criminal negligence? To me, that’s just negligence.
What’s even sillier is that the maximum penalty, if Powers Fasteners is found guilty, is a $1,000 fine. No one goes to jail. You can’t send a corporation to jail. This has become an outrageous political football.
Powers Fasteners is not a fly-by-night operation. It’s a 75-year-old family owned business in Brewster, NY. And they hired leading engineering consultants to work with the State of Massachusetts to make sure the right material was selected. Jeff Powers, the president of Powers Fasteners, responded after learning of the indictment: ”We are stunned, beyond belief. The only reason that our company has been indicted is that unlike others implicated in this tragedy, we don’t have enough money to buy our way out.”
Even though the criminal penalties are slim, Powers Fasteners could face a ban on sale to publicly funded building projects. It also faces potentially enormous legal costs and civil penalties.
The implications of this indictment to design engineering projects are momentous. Are suppliers repsonbile to supervise all work done with their materials? In this case, the cost of materials involved was $1,287.60, and the sale was actually made through a local distributor. The answer, of course, is no. Contractors or manufacturers assume the liability for responsible use of materials. If the epoxies had been mislabeled, that would have been a different story.
John Hainsworth commented:
It seems we still have to relearn lessons. I thought fail-safe was an integral part of a designers thought process. ail-Safe is a 1964 film directed by Sidney Lumet, based on the 1962 novel of the same name by Eugene Burdick and Harvey Wheeler. ... en.wikipedia.org/wiki/Fail-Safe_(1964_film)
Aaahhh Justice! commented:
Think for a moment.. Justice from the state that gave us an annulment for Kerry's marriage even though there were children and gave us true justice for the Kennedy's! Right, the Power's have a better chance of growing roses in concrete than getting any kind of justice in the most corrupt commonwealth in the union. The end result is... Before you use, TEST IT YOURSELF!!!! Good grief, even the simplest of products tell the average consumer to test it first! "Apply carpet cleaner to a small patch first to detetrmine the potential for any potential adverse effects of using this product", and how about hair coloring: "Test the coloring product on a small sample of your own hair before attempting to color all your hair." Sheesh! Test it already! No testing on your part, no liability on the manufacturer. 'Nuf said.
Boston Engr commented:
In Depth, the contractor and project team didn't know the supplier was shipping "Fast Set" epoxy. The supplier didn't know the difference between the PF versions because PF had marketed them at the same since 1992, even though they knew of the creep problem since 1995. Their reason to deceive was so that they could continue to be a player in the industry, not just to get a small Big Dig oreder. You're right the owner failed to inspect once the tunnel was put in serice, although you don't hear much about the owners culpability. The real concern; where else is Fast Set installed in a creep sensitive situation?
In Depth Reader commented:
In response to Boston Engr: You tell people to go read the NTSB''s report. Why don''t you go read the available documentation on the testing of the product used(available documentation of this site) and that it was known that the epoxy used was not reccomended and did not meet the "creep test". Also in documentation available it was stated that the tiles were being installed prior to the recieving of the epoxy that was approved. Also how is this an issue of greed on the part of POWERS FASTENERS when the amount of product used was less then $5000.00 (according to documentation off this site) As far as I can see PF has no reason to deceive anyone with their two products to get such an insignificant amount of a HUGE construction contract and would have everything to lose if they did. Also go read the Inspector Generals report and the blundering and attemped coverup and the lack of due dilligance on the part of the MTA and EOT for doing regular inspections of the project.
Boston Engr commented:
In response to Keith, This is a very complicated project and case. First I'd suggest you resd the NTSB report, down loadable from NTSB.gov. The epoxy industry and the Intenational Bldg Code Org, has developed and supported this detail for 20+ years. In this case the manufacturer and their engineering and feild support team mislead the engineers on the properies of thier product. The only real question is was it by accident or by deliberate actions. Engineers spec and design to products based on certified tests and manufacturers literature. If the literature isn't correct or its misleading whose fault is it?
Keith commented:
There seems to be so many people to blame here, the state for not having the appropriate people to supervise and question design decisions, (instead the project was full of politcally connected hacks)an apparent lack of proper design reviews by other engineers, but i think the real blame falls on the engineer that selected epoxy in the first place. Why would you glue a bolt into a concrete hole in the ceiling of a tunnel to support several tons concrete ceiling tiles. The fasteners would be marginal at best, and with lives at stake you need a fastening system that has much higher saftey factors, that take into account all possible varibles including the contractors installing them incorectly. Also a lighter ceiling material, that does not weigh as much and therfore requires less strenght to support. The whole thing just says they took the cheapest way out and ended up with an unsafe marginal structure that has cost somebody their life. To go after the manufacturer of the epoxy at this point is ridiculous. The design firm, the engineers, and the contractors are the ones at blame not the epoxy manufacturer. Keith, Mechanical Engineer
GT commented:
With all the outsourcing that is going on, how long until something like this happens and the supplier was from China? Then what? Sue China? Another example of how things are going form bad to worse, and no one wants to admit they made the mistake.
Boston Engr. commented:
I'll be the first to admit Mass Politics is a blood sport and the state is full of opportunists, but Powers is guilty. Since 1995 they knew that the Fast Set formula wouldn't pass a creep test, but they just sold it as just a faster variation of their standard set. This was NOT true and they knew it. All of the Powers design information sold them as the same product until May 2007. The NTSB has all the info. and its public at NTSB.gov. So before Powers PR hack Karen Schwartzmen confuses the issue with her multiple fake posts, check out the facts. Powers knew they had a product that wouldn't pass a standard creep test and continued to sell it, why ...greed as they needed a fast setting product to compete.
J blake commented:
This is an outrageous attempt to set up a reputable American manufacturing company as a patsy. Since the government is essentially the lead contractor they are unable to sue themselves. Powers should explore a counter suit in Federal Court against the State of Massachusetts for slander and damage to their reputation. I wish the Powers family the best of luck in fighting these corrupt politicians.
dd commented:
test
Bob commented:
Just plain wrong. The state of Massachusetts is doing what this country has become best at - not accepting responsibility for things we screw up and looking to point the blame elsewhere. In this case, the least able to defend itself. If we trip, all, and break our arm, we sue the city for putting the sidewalk under our clumsy feet. The contractor bought the wrong product because they didn''t wait to wait for the correct one, and then refused to allow anyone to inspeect them once a porblem was identified. Enuf said.
DAN commented:
If Powers had paid off the state like Bechtel Parsons/Brinkerhoff did Attorney General Martha Coakley (bitch) would be looking for someone else to put the blame on. This is why Mass sucks to high heaven, people like Martha Coakley who want to look good in the public eye. The facts are simple enough that even Martha the dimwit should be able to see them. The whole tunnel is a pathetic joke. Where are the charges against the contractor who installed the anchors wrong, or the state engineers who were on the job to over see the work? This state sucks.
Mike McGuire commented:
The Powers Family and the Powers Fastener Company are each one of the most outstanding families and companies in the fastener business world-wide. Good luck and beat the hell of the State playing politics!
DON commented:
perfect example of the state covering its own mistakes by looking to blame everyone else. Why didn't the state check the bolts on regular intervals? Oh, because everyone was in a big hurry to complete the project! Where is the distributor who gave the wrong epoxy to the contractor? Oh, he closed up and ran for the hills! Powers is being made a scape goat by a state attorney who hasn't a friggin clue, and is playing politics to cover up what really went wrong. The big dig was the worst run project I have ever seen in 30 years of major construction. The State couldn't even decide which dept was supervising the project, and still refuses to accept the fact that their own engineers let shoddy work pass, because of the "big rush" to complete the job.
Phil Henley commented:
when the early failure occurred they denied any fault on their part.
Brad commented:
If they accidentally sent a jar of Hellman''s Real Mayonnaise instead of epoxy, and the contractor''s went ahead and use THAT, would Powers still be responsible? Maybe - but wouldn''t that make the distributor JUST as responsible? They passed-on the wrong product... ...or the contractor for installing it?
Ken MacKillop commented:
I could not agree more. I am ashamed of the state in which I live -- especially the completely corrupt, incompetent and self-serving politicians.
interested commented:
Karen Schwartzman, is that you?
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