BAMCO Consortium, the tunnel builder, is penalized

In its today’s decision the National Transport Authority (NTA) banned further works on the crossover tunnels at St. Gellért Square, thereby sharing the position of the DBR Metro Project Directorate regarding the tunnels. The tunnel builder BAMCO Consortium was condemned for unauthorized advance of works and levied a fine of HUF 1 million. NTA emphasized the correct and lawful procedure followed by Eurometro (Engineer) and DBR (Employer). In pursuance of this decision tunnel building works may only be resumed upon the approval of the construction plan; until then the contractor is liable to maintain adequate safety conditions.

As it is known, BAMCO Consortium was bound to complete the railway crossover tunnel at St. Gellért Square before the arrival of the tunnel builder TBMs. The implementation was delayed so the Contractor decided to catch up by passing the TBMs at the location of future crossover tunnels so that the segments of the latter would have been extended subsequently. Based on the risk analyses carried out in the meanwhile and also due to the incompleteness of the design documentation DBR rejected this solution as unsatisfactory.

At the beginning of July Eurometro – the Engineer – forwarded a message to BAMCO instructing the latter to build the crossover tunnel first, starting from the station structure, using the initially planned mining technology, and allowing the passage of approaching TBMs only after the completion of the crossover tunnel. (This implied the slowing down or eventual halting of TBMs, acceleration of implementation of the crossover tunnel, or even the conjunct use of both).

At the beginning of August the southern TBM of the Contractor reached the construction limits of the future crossover tunnel. The Contractor’s intention was to pass the TBM across, and later to do the same with the Northern TBM. A few days earlier the Contractor submitted a new technological solution similar to the amended (extended) design that DBR pre-estimated as acceptable. In contrast to DBR that regarded this change as being of technological nature, BAMCO considered the solution a change in the order of operations that was not subject to preliminary approval by the Mining Authority.

On August 7th NTA carried out the on-site inspection of the tunnel and made a statement whereby the suggested modification in the technology of construction of the crossover tunnel at St Gellért Square called for the approval of the Mining Authority indeed. BAMCO complied with the decision and stopped the TBM, and to our knowledge, submitted the application for approval right then and there.

In the evening on August 18th BAMCO started the southern TBM that penetrated to 17 m length into the underground territory of the future crossover tunnel. DBR notified the Authority about this fact on August 19th. On August 21st NTA held again an on-site inspection officially stating the facts and, in a communiqué, held out the prospect of a penalty until passing the final official verdict and even the eventual calling out of the police to halt the TBM.

After the second on-site inspection of the Authority no progress in the works has taken place; the 17 meter length of tunnel built under the Bartók Béla Street does not directly jeopardize buildings. Otherwise any incidental movements of buildings have been recorded round the clock since the start of the project, to micrometer accuracy.

DBR passed a positive preliminary verdict regarding the safety of the latest solution proposed by the Contractor. However DBR, being the Employer, must keep on assuring the legitimacy of procedure; therefore DBR has requested the intervention of the Authority. DBR would evidently procure the contractor to pay any damages claimed under the insurance policy.

DBR Metro Project Directorate