New York construction accident lawyers monitor investigation of concrete testers

American Standard and Stallone Testing Laboratories, companies with contracts to certify the concrete on several major projects in New York City, are reportedly under investigation by the Manhattan district attorney's office, The New York Times reports.

While the investigation's purpose is still unclear, sources familiar with the matter have indicated to the Times that the investigation grew out of an earlier case against Testwell Laboratories which was later accused of "systematically falsifying its results on many public and private construction projects."

For New York construction accident lawyers, these investigations raise some serious concerns. Concrete testing is a crucial safety procedure, the proper execution of which is essential to ensure the short- and long-term viability of structures.

Testwell's defense that "they did not believe falsified results created hazards because...the concrete poured in New York is of a high quality" is rather weak. After all, it was Testwell's job to ensure the quality of the concrete. Without the proper tests - like the tests Testwell is accused of falsifying - it is impossible to determine the quality of concrete.

In fact, as the Times reports, the concrete in the Freedom Tower, which Testwell was supposed to certify, was well below the standard that Testwell had indicated. The concrete had to be jackhammered away and repoured, delaying construction and increasing the cost of the project.

The Department of Buildings is still in the process of testing concrete at other Testwell sites.

It is too early to say what the implications of the investigations of American Standard and Stallone will be. Between them, they hold contracts for concrete testing on the Second Avenue subway project, the extension of the No. 7 line and the Fulton Transit Center being built in Lower Manhattan. If the investigations lead to any indictments, new concrete testers will probably have to be retained for these projects.

Some experts blame the falsification of these tests on a highly competitive bidding process that tempts prospective contractors to submit unrealistically low bids. Perhaps the city should evaluate this process and determine if there is a way to make safety or quality of the work a larger factor in its decisions.

[The New York Times via City Room]