The contractors who built the State Route 99 tunnel dodged a legal bullet on Thursday when a judge ruled their claim against the state over the breakdown of the giant drill Bertha won't be thrown out because they lost evidence.
KIRO 7 was first to report Seattle Tunnel Partners lost pieces of the metal pipe Bertha struck just before breaking down in 2013.
Contractors claim that pipe caused the breakdown.
They billed the Washington State Department of Transportation $642 million for repairs, claiming state officials did not tell them the pipe was there.
On Thursday, Thurston County Superior Court judge Carol Murphy ruled she would punish STP for losing that evidence by allowing jury instructions that could put the contractor in a bad light.
She did not agree with the state that the contractor's entire claim should be thrown out.
State officials say the pipe did not cause the breakdown and they maintain the contract for the tunnel protects taxpayers from paying for repair costs to the machine.
The tunnel opened to traffic in February, three years late.
The liability case could go to trial later this year.
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