Big Dig Supplier Agrees to $16M Settlement

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Attorney General Martha Coakley
BOSTON — The company that provided the epoxy anchor bolts for the Big Dig has agreed to a $16 million settlement in the tunnel's ceiling collapse that killed a woman two years ago.

Attorney General Martha Coakley said her office had reached the agreement with Powers Fasteners Inc. resolving both the criminal manslaughter indictment and the pending civil claims against the company.

The "Fast Set" epoxy anchor-bolt system in one section of the I-90 connector tunnel failed in July 2006, leading to the collapse of the concrete ceiling panel that killed 37-year-old Milena Del Valle of Jamaica Plain.

"Our goal in this agreement was to reach a resolution of both the criminal and civil matters pending against Powers in a manner that best serves the commonwealth," Coakley, a North Adams native, said at a press conference on Wednesday. "By agreeing to comply with the terms of the deferred prosecution agreement and the compliance program, Powers is taking important steps to ensure that a similar incident will be prevented in the future."

Powers, based in Brewster, N.Y., marketed and distributed the bolt system used in portions of the tunnel, part of the massive Central Artery/Tunnel Project that put the Central Artery highway and the Massachusetts Turnpike under the center of Boston.

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The company was indicted by a Suffolk Grand Jury in August 2007 on one count of involuntary manslaughter in connection with Del Valle's death. Had Powers been convicted of manslaughter, the company would have faced a maximum penalty of a $1,000 fine, according to the attorney general's office.


Instead, the company has agreed to enter the deferred prosecution and a corporate compliance agreement to resolve the criminal indictment, and to pay the commonwealth $16 million in civil damages.

The state will file a conditional dismissal within 120 days provided that Powers meets certain conditions, included in both agreements. The indictment may be reinstated within three years if Powers breaches the corporate compliance agreement; it could also have to pay $100,000 a year.

"This is a far more meaningful outcome than a small monetary fine," said Coakley. "In addition, the $16 million civil payment serves as a deterrent, not only for Powers, but for other companies who work on public projects of this magnitude."

Investigators believe that Powers was aware, and had been for a number of years, that its "Fast Set" product was unsuitable for sustained loads based upon the company's own "creep" testing.

Among the conditions are that Powers stop selling the fastener product ("Fast Set"), along with all other adhesive anchors unless they comply with certains standards and regulations. It also has to recall all "Fast Set" products and issue warnings that they have failed certain tests. Powers also agrees that its products won't be qualifed for use in any publicly funded Massachusetts projects until 2012.
 
The majority of the payment, $15.5 million, will go to the state's Transportation Infrastructure Fund, which pays for Big Dig expenses and the statewide road and bridge program. The remaining $500,000 will go to the city of Boston to reimburse it for costs incurred in the response to the ceiling collapse.
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Lanesborough Passes FY 2027 Budget, Warrant Articles

By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — Town meeting on Tuesday approved an almost $14 million fiscal 2027 budget, and approved bylaws for short-term rentals and signage, and for public safety vehicles. 
 
Of the 20 warrant articles, one, Article 7, to use free cash to pay prior fiscal year bills of $941.27 was indefinitely postponed by Moderator David Rolle because the bills were for the fire association.
 
Some 247 of the town's more than 2,600 registered voters filled Lanesborough Elementary School, debating articles during a meeting that lasted more than three hours. 
 
The town's 2027 spending plan is up more than 10 percent, with the main increases from higher enrollment in the regional schools and the McCann Technical School renovation project.
 
Voters approved the assessment of $7,586,284 for Mount Greylock Regional School. They also approved Article 11, which was the use of $16,298.48 in free cash for the McCann's roof and window replacement project so as not to impact the budget. 
 
Ambulance Director Jen Weber is planning 24-hour coverage, which means more staff and a hike in her budget. Article 5 asked the town to appropriate $234,100 to operate the Ambulance Enterprise Fund for salaries and expenses, which passed.
 
Fire Chief Jeff DeChaine spoke to the audience on his articles and the need for a new truck to replace the 1996 fire truck, listed on the warrant articles for a total $813,366, which includes a $100,000 contingency cost on whether a 2026 model-year chassis can be secured before new emissions standards in 2027. If they get the 2026 chassis, that contingency likely won't be needed.
 
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