Mihos rebukes Reilly, says Big Dig refund premature

Two days after state Attorney General Thomas F. Reilly touted his efforts to gain a refund from Big Dig contractors, Christy Mihos, who like Reilly is a candidate for governor, accused Reilly of making ''a rush to judgment" on the Big Dig.

Mihos, a longtime critic of Big Dig management, yesterday called on Reilly to end his involvement in pursuing a refund from Bechtel/Parsons Brinckerhoff, the largest contractor on the $14.6 billion project, and about two dozen smaller design firms supervised by the contractor.

Mihos said Reilly as a candidate for the Democratic nomination for governor has a conflict of interest between seeking a quick settlement so he can point to it as an achievement during a campaign and conducting a thorough investigation that could take years but ultimately produce better results.

On Monday, Reilly called a press conference to say his office had completed a year-long investigation leading to a claim for $108 million from Bechtel/Parsons Brinckerhoff and the smaller firms for shoddy work on the highway and tunnel project.

Bechtel/Parsons Brinckerhoff said it disagreed with Reilly's conclusions but remained committed to finding a ''fair and fact-based settlement."

''I'm calling on the attorney general to immediately cease negotiating and for the appointment of a special independent counsel to conduct cost recovery," Mihos said yesterday at a press conference. The convenience store magnate announced his candidacy for governor as an independent three weeks ago.

Mihos, who served a tumultuous term until 2004 on the Massachusetts Turnpike Authority, which oversees the Big Dig, said the $108 million refund demanded by Reilly was far less than what he considered adequate, but he would not offer the amount he considered a fair settlement.

Reilly agreed to take over cost recovery efforts last year after criticism from legislators and federal transportation officials of the results of Edward M. Ginsburg, a retired judge hired by the Turnpike Authority to investigate refunds.

Asked about Mihos's call for him to step aside, Reilly responded, ''I think that anyone that has information that would assist us in cost recovery should step forward. No one has stepped forward yet and given us any information that would assist. We've done a very comprehensive investigation."

Reilly also said, ''It is important to note that we have had this for only a year, and that we stepped in because for 10 years people didn't do their jobs in terms of cost recovery. So we're the first ones to step up here, assume responsibility when we didn't have to."

The Globe reported in 2003 that cost recovery to that date had produced only $35,707 in refunds. Some files were lost under current state project director Michael P. Lewis, the Globe reported.

A spokesman for the Turnpike Authority yesterday said Matthew J. Amorello, the Turnpike Authority chairman, hired lawyers and engineers to pursue cost recovery when he took office in 2002.

Deval Patrick, a candidate for the Democratic nomination for governor, has also criticized Reilly, saying $108 million seemed ''more like a small down payment" than a full amount.

Governor Mitt Romney, who is not seeking reelection, yesterday said he considered $108 million ''too little, too late."

Sean Murphy can be reached at smurphy@globe.com.