Highway 99 tunnel: State sues its contractor Seattle Tunnel Partners, to ‘protect … taxpayers’

(Added: Image from webcam over tunnel-machine access pit tonight)

No hint of this just two days earlier, when WSDOT released a video update on the Highway 99 tunnel-machine repairs, hours before its quarterly stakeholders meeting, but, late today, the state sent out a very different update, saying it’s suing its contractor:

WSDOT is committed to working with Seattle Tunnel Partners (STP) to complete the SR 99 Tunnel Project.

We are also committed to protecting taxpayers.

Today, WSDOT filed a lawsuit against STP in King County Superior Court. This filing was prompted by recent court filings by STP and their insurance companies. Filing this lawsuit ensures WSDOT will have a right to make legal claims in the future. This lawsuit does not prevent STP from pursuing claims under the terms of the design-build contract.

Taking action to preserve WSDOT’s rights in court was a necessary step. Our focus remains on completing the project, and removing the seismically vulnerable Alaskan Way Viaduct. We intend to ask for a stay of WSDOT’s lawsuit until the project is completed and asked STP to join us in this request.

This delay in the lawsuit will allow for work on the SR 99 Tunnel Project to be completed before litigation takes place.

The intent of today’s action is simple: protect the interests of Washington taxpayers.

There will be no further statements on this legal matter.

While WSDOT provided the case number – 15-2-24943-6 – we checked the online files, and no documents are available there yet, just “Case Title: Washington State Department of Transportation vs Seattle Tunnel Partners” on the page. We’ll keep checking.

This follows news earlier this week, first reported by the Puget Sound Business Journal, that WSDOT has told insurers it expects costs to rise more than $78 million because of the tunnel-machine trouble. That in turn came out as part of another lawsuit, one filed in New York state by insurers against STP, which says it’s hoping to get the machine going again in November, almost two years after its underground breakdown.

24 Replies to "Highway 99 tunnel: State sues its contractor Seattle Tunnel Partners, to 'protect ... taxpayers'"

  • Marty October 9, 2015 (8:46 pm)

    Hurray for the Friday news dump.

  • dsa October 9, 2015 (8:57 pm)

    The fighting isn’t supposed to start until the ribbon is cut. This could spell trouble.

  • LarryB October 9, 2015 (9:10 pm)

    Isn’t it time to give up on this boondoggle before even more money gets wasted? Oh, and no more referendums please. They only seem to be ignored anyway.

    I’d really love to see the tunnel’s cheerleaders be held accountable, but that will never happen.

  • WESTSIDEROB October 9, 2015 (9:57 pm)

    I did the math, You could fill this pit with $100 bills with the money already spent, and were just getting started. Stop this insanity!! Your right LARRY a boondoggle of BIBLICAL PROPROTION’s

  • MJP October 9, 2015 (10:15 pm)

    So committed to protecting tax payers are these politicians, that it was insisted, by many of them, that it HAD to be this project over much, much less expensive and reasonable alternatives. You’ve opened this Pandora’s box and now we’re to trust you to protect us from them…and who protects us from you?

  • wb October 9, 2015 (10:20 pm)

    Admit the fail already.

  • JayDee October 9, 2015 (10:58 pm)

    Seriously, no politician in their right mind would say stop right now. Not only would it validate any claims of the STP for compensation, but all the work done on the entrances is done. While I acknowledge the “sunk cost” fallacy, Bertha must go forward or it will cost even more with *no benefit* and the aging viaduct still looming above.

  • MJP October 10, 2015 (1:01 am)

    So, let’s say, justcsaa couple months after Bertha starts boring again, she has a similar problem to the one she does now. The only difference is, this time she’s located under a very large structure (they have quite a number those downtown), and so digging a vertical service shaft to affect repairs (the $80 M solution) is not possible.
    What happens then? …and what will that cost be?

  • soi October 10, 2015 (1:28 am)

    Why must we go forward with it? Let the lawyers fight it out just as they did with the nuclear energy fiasco 35 years ago. Remember that? The NW survived that greedy white elephant. The lesson was never learnt because people forgot and new people have no idea we’ve been down this path before. Remember the monorail. There’s too much public money with little accountability. We have so many expensive unfinished projects. Many full of cost overruns and behind schedule- ST, the sea wall, 520 bridge, Mercer mess, and the new convention center financed by public money, yet run by private hands. The list goes on and on.

    Repace the viaduct with a new one, pave it over with multi lane street, or do a cut with a lid.

    Most of Seattle could care less about the grand waterfront park. This city is not a theme park. We don’t need our library or Pike Pine area branded or stickers on gas pump. Nor does the city need to take over a private bike company awash in red ink.

    There are new schools, firehouse, and courthouse to build. Billions upon billions of backlogged maintenance to do, teachers to hire, bridges and overpass to build, sidewalks laid, public safety to be more than talk, political back room deals and cost overruns to end.

    This November election matters. I hope people educate themselves thoroughly and decide what kind of city they want. And vote!

  • TheKing October 10, 2015 (1:51 am)

    With no contingency plan, and no one wanting to elaborate on budget overrun costs “at this time” I firmly believe taxpayers will end up paying for the endorsing politicians mistake of not working for the peoples best interests. Funny how at the moment nobody wants to be the face of this project. The gold shovels and ribbon cutting ceremony may never happen. It will be like the 70’s again when we had unfinished off ramps to nowhere.

  • brizone October 10, 2015 (9:25 am)

    Yep, sure could end up being the tunnel to nowhere.

  • Jon Wright October 10, 2015 (1:04 pm)

    Please try to relax folks. It’s a big, challenging project. Big, challenging projects often run into problems. The problems get addressed and we move forward. Remember the 787? Windows 8? There are really smart people working on this particular project and it’s going to get done.

  • jetcitydude October 10, 2015 (1:10 pm)

    The sue jobs are starting. The tunnel project will go unfinished and wind up in court and the judge will have to decide who pays for the debacle. Most likely us tax payers will have to like everything else out here.

  • LarryB October 10, 2015 (5:00 pm)

    Also worth noting that Sound Transit has dug deep bore tunnels and are ahead of schedule and on budget.

    Sure, the funding can’t be moved, but imagine if we could take even half of the remaining tunnel budget and spend it on a real, grade-separated transit system.

    There would even be money left over for a cut-and-cover or boulevard replacement for the viaduct.

  • wetone October 10, 2015 (6:54 pm)

    787 , windows 8 projects were positive improvements and privately funded, tunnel project quite opposite, does nothing towards improving traffic problems. Less capacity than what it will replace, no option for future upgrades, tolls for using. Tax payers held accountable for paying to project directly or indirectly from related issues caused by project. Very bad comparison. There’s lots of very smart people involved in project on the engineering side, but many of the real smart ones are getting rich off project as they keep pushing it through at all cost ; )

  • joel October 10, 2015 (7:41 pm)

    this story should be in the ‘crime watch’ section of the WSB – biggest theft on record ever – no mask or guns needed.

  • Neighbor October 10, 2015 (9:36 pm)

    Just remember, this project was pushed by Ed Murray from Oylmpia and he said there would be no problems. Also note that there’s not an exit to downtown from this fiasco- more existence that Mayor Murray does not care about the 100,00 residents from West Seattle/District 1, whom he expects to pass his move Seattle levy-with zero accountability regarding how he spends those funds.

  • i'mcoveredinbees October 10, 2015 (11:40 pm)

    Murray absolutely sucks.

    But the tunnel actually sucks more.

  • Robert October 11, 2015 (8:15 am)

    when will seattle get rid of these hog-troff political hacks and get some people that are not trying to further their left-pocket filling agenda. this piece of foreign junk was broken when they tested it in japan, it has NEVER been proven that it can work, a breakdown every thousand feet isn’t what i would call dependable. the viaduct works fix it and be done….

  • Brandon October 11, 2015 (12:26 pm)

    joel the 787 was a failure. Boeing is now pushing the revamped 747 instead. Windows 8 sucked so bad they skipped 9 and gave to away free…. So if the tunnel is anything like those they can keep it

  • LS October 11, 2015 (12:32 pm)

    To receive another view of the fine money management activities of our current elected city officials read the stories on Sunday 10/11/15 Seattle Times on front page and page B-1. Just another why to reject Prop-1 this November.

  • LS October 11, 2015 (1:49 pm)

    The story on B-1 is by Danny Westneat “Seattle Burns Through Cash For New Fire Stations” The story on front page and continuing to A-12 is by Mike Lindblom “With host of add-ons, will levy Move the voters?” and another story by Mike on page A-13 “Proposition 1: Figuring what you’d be paying.”

    • WSB October 11, 2015 (2:14 pm)

      Yes, that first one is the one that springboarded off our story (nobody’s paid any attention to the 2003 Fire Levy in a long time, but we checked on the FS 32 delay and did a major amount of research to come up with the report). Thanks.

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