Federal prosecutors on Friday charged the Big Dig's largest construction contractor with lying about the quality of its work on two areas of Boston’s tunnel system, including the section where a ceiling collapse killed a woman.
The US 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 US$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,” US Attorney Michael Sullivan said.
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 tonnes of concrete dropped on a car driven by her husband.
The Big Dig is the unofficial name for a massive construction project to move a major highway through Boston underground in order to battle congestion.
The US 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.
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