Work to fix more than 1,500 wall panels installed at five stations along the second phase of the Silver Line rail extension will move forward as planned, but officials involved with the project say they want to hear from their own consultants before deciding whether additional steps should be taken to ensure that concrete structures meet safety and durability standards.
Both Metro, which will be responsible for maintaining the stations once they are completed, and the Metropolitan Washington Airports Authority (MWAA), which is overseeing construction of the $5.8 billion rail extension, said they want an independent review of the panels.
Their decision comes after a former employee alleged that Universal Concrete, the company that manufactured the panels, used unapproved materials and instructed employees to conceal the flaws.
The allegations, contained in a whistleblower lawsuit filed in U.S. District Court for the Eastern District of Virginia, indicate that problems with the precast panels, which are used to build the walls of the stations, could be more far-reaching than either the project’s lead contractor, Capital Rail Constructors, or MWAA initially believed.
MWAA and CRC were aware that some of the panels were defective after identifying problems with Universal’s manufacturing process last year. They thought the problems affected about 20 percent of the more than 1,500 panels. CRC had initially said more than 1,700 panels were installed at the stations but later said the number was lower because the count included panels that had been rejected. In addition, 60 panels were found to be faulty because not enough concrete was covering the internal wire mesh.
After a review by three consultants, CRC announced a plan to address the issues: It would replace the most problematic of the panels — those without enough concrete covering — and seal the rest to prevent water from seeping into them. Water seepage can can cause the panels to crack.
But that was before the whistleblower lawsuit alleged that all — not just a portion — of the panels could be flawed because the raw materials used to make them did not meet project standards.
Charles Stark, executive director of the Silver Line rail project, said that MWAA had previously depended on the findings of consultants who were hired by CRC, but that it now wants an independent assessment.
As part of that work, Stark said consultants will take samples from about 20 panels, selected at random, and analyze their makeup. The sampling process will take one to two weeks. Stark could not say how long it would take to complete the analysis.
CRC officials offered no new details about whether they will take additional actions in light of the whistleblower’s allegations. Earlier this month, Keith Couch, CRC’s project director for the Silver Line, sought to assure members of the MWAA board of directors that the issues will be dealt with and will not add to the cost of the project.
“CRC has nothing further to add at this time,” said Louise Pulizzi, a spokeswoman for the company.
Metro officials would not say whether their decision to hire an independent consultant means they will ask that additional steps be taken. The transit agency had previously agreed to CRC’s plan to seal the panels.
“As this is a federal False Claims Act matter, we are not going to comment further at this time,” Metro spokeswoman Sherri Ly said.
Officials at Universal Concrete, the company based in Stowe, Pa., that manufactured the panels, have not responded to repeated requests for comment. The company, which was founded in 1967, has worked on projects throughout the Mid-Atlantic region. According to its website, it was involved in the construction of Nationals Park and, most recently, provided precast concrete panels for the Museum of the American Revolution, which opened in Philadelphia last year.
The second phase of the $5.8 billion Silver Line project will have six stations, including one at Dulles International Airport, and will for the first time bring Metro to Loudoun County. The first phase of the Silver Line opened in July 2014 and has five stations — four in Tysons Corner and one in Reston. The second phase is being built by CRC, a joint venture between Bethesda-based Clark Construction and Kiewit Infrastructure.
The project, already 13 months behind schedule, is being funded by Fairfax and Loudoun counties, the federal government, MWAA and users of the Dulles Toll Road.
Officials in Loudoun County said they learned of issues with the panels in October, as part of monthly progress reports given by MWAA, said Glen Barbour, a county spokesman. Barbour expressed confidence that the problems are being handled. Fairfax also was informed in late 2017.
Loudoun Supervisor Matthew F. Letourneau (R-Dulles) said that despite the setbacks with the concrete panels, he thinks the proper controls are in place to contain the problem and see the project through.
“From my standpoint in Loudoun, I think our staff has been well-informed about what’s been going on, and the end result is still an open question,” he said. “There are multiple layers of oversight, including federal oversight.”
He said it was a good move for Metro to order a separate review to verify that the structures are built to standard, because it will be responsible for maintaining the stations once MWAA turns the project over to the transit agency.
“I think Metro is right to ensure there are independent inspections,” he said.
The flawed panels were installed at five of the six new stations, including two scheduled to open in Loudoun: Ashburn and Loudoun Gateway. The Dulles airport station was not affected because a different contractor made those panels. MWAA officials said they are not aware of any issues with those panels.
The complaint against Universal was filed by Nathan Davidheiser, a former employee of the company. It was filed under the federal False Claims Act, which allows whistleblowers to receive a portion of any money the government recovers on behalf of defrauded taxpayers.
Davidheiser worked as a lab technician in Universal’s quality-control division from July 2015 to February 2016. As part of that job, he was responsible for testing the concrete before it was poured into molds and ensuring that it met contract specifications, the suit said. One of his main jobs was supervising the concrete that would be used in the Silver Line project.
The suit alleges that in at least one instance, Davidheiser told his supervisors that the concrete did not meet requirements, but instead of discarding it, he was told to “record false data that would mask the deficiencies.” Davidheiser recorded accurate data, which indicated that the concrete was flawed. When he tried to bring his concerns to upper management, he was ignored, the suit says. He filed his whistleblower lawsuit in March 2016, shortly after leaving the company.
The Justice Department and the state of Virginia have joined the suit and are expected to file a complaint in coming weeks.