Quote:
Originally Posted by bunt_q
Well yes, if the public pays even a penny, then the public is getting screwed. Pretty sure that happens, even if it's only in legal fees. But no, I don't think the public gets screwed inherently. Just RTD. RTD hasn't exactly demonstrated a decade of competence. There's a reason getting "railroaded" is a verb in common usage, perhaps they should've seen that one coming!
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I suspect the public can handle getting screwed out of a penny (or even two).
I would (confidently) assume that over a decade RTD has learned tons and gotten much better at their craft. Can I also assume RTD has the ability and willingness to commiserate with CDOT or otherwise competent, experienced engineers?
Quote:
Originally Posted by Mulligan
That's precisely why public-private partnerships work well - make the private side have skin in the game. You can refuse to believe all you want that the cost won't get passed on, but the concessionaire agreement signed between DTP and RTD protects RTD against situations just like this. DTP's contract with RTD is a DBFOM (Design-Build-Finance-Operate-Maintain) contract. If they make a mistake in the design and construction (which they did), it's on them to fix it, not RTD.
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This is the 1st time I've heard of a "design-build" coming back to haunt. While I'm not privy to all the documents that were signed between the parties I'm gonna guess that there were clearly defined minimum standards of structural integrity that would have to be met.
As you point out there are two primary parties that entered into a contractual arrangement: RTD and DTP. Given DTP's mea culpa like response it would seem they recognize the fault was NOT with RTD. BTW, I assume that the documents were (repeatedly) gone over with a fine tooth comb by RTD and their team of lawyers, engineers etc.
The only hiccup that I could envision is that whoever designed this turd will sue RTD claiming they met RTD's minimum standards or that the language was vague or some such non-sense. It is their right after all to throw good money after bad.