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Contractor Responds to Reported Defects In Silver Spring Transit Center

Friday, March 29, 2013 - 12:19 PM

(Photo CC by Flickr user thisisbossi)

(Washington, D.C. -- WAMU) The general contractor leading the construction of the Silver Spring Transit Center is publicly defending itself against alarming charges of building defects in the delayed transit hub, pointing to evidence that it followed Montgomery County's design plans.

Rockville-based Foulger Pratt released copies of daily inspection reports under the letterhead of the firm Montgomery County hired to perform field inspections on the Silver Spring Transit Center, Owings Mill-based Robert B. Balter Company. The signed reports state: "Prior to concrete placement reinforcing steel was inspected and found to be installed as per specifications."

The charges center on insufficient amounts of concrete, reinforcing steel and post-tensioning cables — high-strength steel strands or bars used to strengthen concrete — according to Montgomery County's findings of design and construction flaws released last week to intense news coverage. Foulger Pratt managing principal Bryant Foulger says he would like his side of the story to receive as much attention.

"It feels like from the county executive's comment, that we've been indicted and tried and convicted without realizing there is another very compelling side to this story," Foulger said. "If there is an issue with safety here, it is related to design. That's the county's issue, not ours."

In its rebuttal to the county's claims, Foulger Pratt is zeroing in on the facility's concrete pour strips that the county's investigation said lacked proper reinforcement. The contractor contends all concrete was poured in compliance with design documents.

"They accused us of leaving out things that they didn't include in the design in the first place," Foulger said. "The only area where they've identified as a safety concern are these pour strips, and as you can see by these reports and as you can see by the drawings, we built them in accordance with plans and specs."

The fate of the Silver Spring Transit Center, which is over budget and behind schedule, remains up in the air.  Both sides have said their differences can be worked out, but Foulger Pratt claims the transit hub would have opened already had it not been for the county's stonewalling.

"For over a year, Foulger Pratt has been asking the county to sit down around the table, to work together with us in a professional dialogue, first and foremost to determine what if anything needs to be done to open this facility for the public and to get it open," said Judah Lifschitz, an attorney for Foulger Pratt. "It flies in the face of fundamental fairness for the county to not talk to us for a year about these issues, to not engage in a professional dialogue."

Montgomery County Executive Ike Leggett has threatened to cancel its contract with its hired design and construction firms unless they pay for whatever mediation will be necessary to fix the transit center's structural problems.

In a statement released after issuing the results of the county's investigation, Leggett said, "These deficiencies not only compromise the structural integrity of the facility, but could also begin to impact the Transit Center's durability far earlier than expected, thus shortening its useful life. At worst, if no changes are made, some of the facility's elements may not withstand the loads they are intended to support, thereby putting the many users of the center at potential risk."

Washington Post report said Balter Company "improperly tested the strength of concrete, apparently failed to measure its thickness and didn't raise sufficient concerns when the concrete started to crack, according to independent engineers and county officials."

Follow Martin Di Caro on Twitter @martindicaro

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