Global Fastener News

Report: Problems with Powers’ Fast-Set Epoxy Reported Overseas in 1999

Jason Sandefur

Powers Fasteners reportedly faced “problems with the strength and reliability” of its Fast-Set epoxy on several projects in Singapore during the same period of time the New York fastener manufacturer was assessing bolt slippage on the Big Dig tunnel system in 1999, the Boston Globe reports.
Powers has been indicted for manslaughter related to the fatal collapse of ceiling panels in the tunnel system during 2006. No individuals were named in the indictment.
The Globe article detailing Powers’ epoxy issues in Singapore was said to be based on 50 pages of company documents. The Globe concluded that the documents, of which Massachusetts Attorney General Martha Coakley reportedly has copies, showed “company officials in Asia were increasingly worried that the fast-set epoxy being used there … was 40 to 50 percent weaker than described” in Powers’ catalog.
The Globe report has prompted questions about why Powers engineers did not provide Big Dig officials with information concerning the performance of its Fast-Set epoxy overseas.
Powers supplied FIN with certain internal documents from the same period that appear to contradict Coakley’s claim in the indictment that the company provided misleading information about the limitations of Fast-Set epoxy to officials in charge of the Big Dig. Those documents also appear to show that Powers was prevented from conducting pull tests on the Big Dig anchors — the very test the National Transportation Safety Board concluded was essential to correctly diagnosing the problem.
However, information in the Globe report, if accurate, could potentially impact Powers’ criminal case, which is likely to influence two separate civil actions the company faces from the state and family members of the woman killed in the tunnel ceiling collapse.
“The Singapore documents could help Coakley prove that Powers acted with wanton and reckless disregard for safety, the legal standard required for a manslaughter conviction of a corporation, in remaining silent after questions arose about slippage of the ceiling bolts in summer and fall of 1999,” the Globe reported.
Powers consultant Karen Swartzman told FIN the indictment was a “significant distraction” for Powers executives, who continue to try to focus on the company’s business dealings.
“A finding of guilt would have a significant impact on a civil outcome in this case, as well as impacting Powers’ reputation,” Schwartzman acknowledged.
Powers attorney Martin Levin defended his client to the Globe.
“This is a case of apples and oranges,” Levin was quoted as stating. “The only potential link was that there was a complaint about fast-set.
“Fast-set may have been used in the tunnel, but certainly Powers didn’t know it” at the time, Levin maintained.
Powers attorneys plan to file motions seeking to disqualify Coakley and her special assistant prosecutors from the case for what they claim is “an irreconcilable conflict of interest” under Massachusetts state law due to Coakley’s involvement in the civil action, which could potentially award millions of dollars to the state.
Arraignment is scheduled for September 5. �2007 FastenerNews.com