The United States Attorney's Office
District of Massachusetts
FOR IMMEDIATE RELEASE
January 23, 2008
WWW.USDOJ.GOV/USAO/MA
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CONTACT: CHRISTINA DiIORIO-STERLING
PHONE: (617)748-3356
E-MAIL: USAMA.MEDIA@USDOJ.GOV |
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BECHTEL
INFRASTRUCTURE CORP., PB AMERICAS INC., AND CONSULTANTS
AGREE TO PAY $458 MILLION TO SETTLE FEDERAL & STATE CLAIMS
WASHINGTON - A joint
venture between Bechtel Infrastructure Corp. and PB Americas Inc., known
as B/PB, and certain design consultants have agreed to pay the United
States and the Commonwealth of Massachusetts a total of $458 million to
settle allegations that B/PB violated federal and state criminal and civil
laws by failing to provide adequate construction management and quality
assurance services to the Central Artery Tunnel, known as the Big Dig,
in Boston and that the design consultants caused excess costs to be incurred
on the project.
According to the
terms of the global resolution reached today, Bechtel and PB Americas
will pay over $23 million to the United States to settle federal False
Claims Act allegations, over $40 million to the Commonwealth of Massachusetts
to settle state False Claims Act allegations, and over $335 million to
a state warranty fund for future repairs to the Central Artery Tunnel.
Bechtel and PB Americas will also enter into corporate integrity agreements
with the Massachusetts Executive Office of Transportation. In addition,
if there is a catastrophic event in the future that requires more than
$50 million in repairs to the Big Dig involving B/PB's conduct, the United
States and the Commonwealth have retained the right to pursue such claims
against Bechtel and PB Americas.
In a related settlement,
Massachusetts agreed with a group of design consultants to an additional
$51 million settlement arising from their acts, errors and omissions in
performing design contracts that resulted in excess costs to the project.
The Big Dig is a
major public transportation infrastructure project built through the heart
of downtown Boston. The project was planned, designed, and constructed
over a period of 20 years from 1985 to the present. Bechtel and PB Americas
served as Management Consultants on the project and were responsible for
managing the design and construction of the Big Dig.
"We expect,
and our citizens depend, on our nation's contractors to be truthful and
perform the work they promise," said Acting Assistant Attorney General
Jeffrey S. Bucholtz. "Today's settlement requires Bechtel and PB
Americas to be responsible for their conduct, and helps insure the future
longevity of the Central Artery for the citizens of Boston and the greater
Northeast."
According to the
United States and the Commonwealth of Massachusetts, Bechtel and PB Americas
failed to provide adequate services on four aspects of the Big Dig: 1)
the construction of slurry wall panels in the I-93 tunnel; 2) the installation
and monitoring of the epoxy ceiling bolts in the suspended ceiling of
the I-90 Connector tunnel; 3) claims for payment by contractors on time
and material contract modifications, and 4) oversight of the concrete
delivered to the slurry wall construction by a large concrete supplier.
The agreement also
resolves claims made in a qui tam action filed against Bechtel Corp. and
PB Americas in the United States District Court for the District of Massachusetts.
Under the agreement, the whistleblower will receive a share of the federal
and state recoveries in the amount of $150,000.
The resolution of
this matter was achieved by the U.S. Attorney's Office for the District
of Massachusetts, the Attorney General's Office of the Commonwealth of
Massachusetts, the Federal Highway Administration of the U.S. Department
of Transportation, the New England Regional Office of the U.S. Department
of Transportation, Office of Inspector General, the Federal Bureau of
Investigation, New England Field Office, and the Commercial Litigation
Branch of the Justice Department's Civil Division.
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