In its first public comment, the Denver-based manufacturer being sued by the MBTA for selling defective concrete ties for South Shore commuter rail lines says it fully complied with the terms of its 15-year warranty and that any problems with the ties may have been caused by the T itself. Rocla Concrete Ties says in a court filing that any problems with the ties, which the T is replacing at an estimated cost of $91.5 million, may have been caused by the transit agency itself “by the unreasonable misuse of the railroad ties supplied to it.”
Rocla also insists the manner in which the ties were made was not at fault.
“The methods, standards and techniques Rocla used in designing and manufacturing the concrete railroad ties it supplied to the MBTA conformed to the generally recognized, reasonably available, and reliable state of knowledge in the field at the time that said ties were sold,” the response states.
CommonWealth first reported on the situation in its summer 2009 issue. At the time, Rocla declined comment and has maintained silence as evidence of the problem mounted. The magazine’s investigation detailed how 147,500 ties on the two Old Colony Commuter Rail lines between Boston and Middleborough and Boston and Kingtston/Plymouth were crumbling, cracking and deteriorating in less than one-third of the time T officials said they were supposed to last.
The story relayed Rocla’s alleged threats to declare bankruptcy if it was forced to replace all the ties, which transportation officials have since confirmed. Problems with the ties have disrupted service, forcing the busing of commuters during off-peak hours and slowing trains down drastically from the 70 mph speed limit for safety concerns. The slower service has caused many late arrivals.
Amtrak also is in the midst of replacing more than 175,000 Rocla ties on its Northeast corridor. While a spokesman said Rocla has supplied some replacements, Amtrak has spent more than $110 million, including $50 million from stimulus funds, to replace the broken ties.
After initially denying the problem was widespread, the MBTA announced in April that it would replace all ties purchased from Rocla for the Old Colony lines. The agency said riders would be bused during off-peak hours during construction on each line, which is expected to take about two years. T officials also announced it would suspend weekend service completely during replacement work with no bus service offered at all. When work begins on the Braintree to South Station stretch, riders on both lines as well as Greenbush will be forced to ride the subway into town from Braintree.
The MBTA filed suit in Suffolk Superior Court in May but Rocla successfully petitioned earlier this month to move the case to federal court. The T’s suit seeks treble damages for the $91.5 million estimated cost. T officials declined to comment citing the pending litigation.
