Regular readers of this blog know that Stoel Rives represents the State of Washington Department of Transportation (“WSDOT”) with regard to construction of the new highway 99 tunnel in downtown Seattle. The giant tunnel boring machine, named “Bertha” (not “Big Bertha” as is sometimes reported), finished its work in April and is now undergoing a combination of disassembly and demolition. There is a limited market for used 57-foot diameter tunnel boring machines. Some pieces of the machine are being scrapped, some are being preserved for sale or re-use, and a few are being preserved as evidence in the lawsuit between WSDOT and the contractor. The contractor claims that WSDOT should pay for the fact that Bertha stopped working and needed two years of repairs. WSDOT claims that the delays are the contractor’s own responsibility. Trial of those claims is currently scheduled for June 2018. The new highway is expected to open for traffic in 2019.