Suing for answers

THE DEATH of Milena Del Valle in the Connector Tunnel to Logan Airport was bound to result in a lawsuit from the Massachusetts attorney general. Thomas Reilly, by acting now, has left the ultimate disposition of the case to Martha Coakley, his successor in January. Whether the suit is settled or goes to trial, Coakley and the companies involved in construction owe the people of the state an explanation for the root causes of the fatal roof collapse in July.

Reilly's suit, which will be filed today, will seek to hold 15 companies liable for repair costs and economic damages caused by the collapse and the tunnel closings.

Cost recovery is complicated by a $150-million cap on liability that the state had negotiated years ago with Bechtel/Parsons Brinckerhoff , the project manager. This cap can only be exceeded in cases of "gross negligence" -- a blatant disregard for contractual responsibilities. But it will do no good for the reputation of this consortium or the other companies named in the suit to argue that they were merely a little negligent in Del Valle's death. The prospect of a public relations debacle may cause them to settle before the case gets to court, but this should not limit accountability to the public.

Reilly said at a press conference yesterday that his legal team has sifted through thousands of documents to determine the facts in the case. Even if there is no trial, the public is owed an explanation for the tragedy that fits it into the context of the entire project. For instance:

What oversight did the state exercise, if any?

If all oversight was delegated to Bechtel/Parsons, did the consortium check on the work of the designers and the contractors?

Was the decision to use glued-in bolts to attach the heavy panels to the roof of the tunnel an attempt to save money or time?

Did the delays elsewhere in the project contribute to shoddy work on the tunnel, as contractors rushed from job to job?

When the tunnel was handed over to the Massachusetts Turnpike Authority in 2003, did anyone warn state officials that this section required extra inspections?

A grand jury convened by Reilly is looking into possible criminal indictments. He would not say when its work might be finished, but, given his short time in office, it's reasonable to expect Coakley to make the call on criminal prosecution. "What I saw was a crime," Reilly said. Criminal intent, however, will be tougher to prove than gross negligence. Coakley's prime duty will be to make sure that Big Dig contractors, designers, and managers are held accountable in a civil proceeding.