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Source Code Dispute in Boston's Big Dig

JoshuaDFranklin writes "Boston's 'Big Dig' is famously long-running and over budget as noted before on Slashdot. But now Computerworld is reporting that a Software Ownership Battle Adds $10M to Cost of 'Big Dig'. The legal dispute was over whether Massachusetts had the right to share Transdyn source code with Honeywell, causing $2.72 million in damages and $7.2 million in costs of a four-month delay in the project."

25 of 207 comments (clear)

  1. Sounds like a dodgy contract to me. by Blapto · · Score: 3, Interesting

    They just didn't actually buy the software, just waved some money at somebody who let them use it.
    The state argued that Dynac had been modified as part of the project and had thus become a customized piece of software not subject to the legal safeguards for off-the-shelf applications.
    Bt of a dodgy arguement though...

  2. Re:For those of us who don't live near Boston by will_die · · Score: 5, Informative

    The idea is to put in a 8-10 lane expressway under the city of Boston. They have a site at www.bigdig.com.
    It has taken close to 20 year to do and has been extermly over run with greed, mismanagement, poor construction, and cost overruns.

  3. Re:My Rights OnSubwayLine by Anonymous Coward · · Score: 5, Funny
    Read the FAQ!
    Slashdot seems to be very Boston-centric. Do you have any plans to be more U.S.-centric in scope?

    Slashdot is Boston-centric. We readily admit this, and really don't see it as a problem. Slashdot is run by Bostonians, after all, and the vast majority of our readership is in the Boston area. We're certainly not opposed to doing more stories about other cities, but we don't have any formal plans for making that happen. All we can really tell you is that if you're outside the Boston area and you have news, submit it, and if it looks interesting, we'll post it.
  4. It seems... by flumps · · Score: 4, Informative

    .. that (at least in the UK) government overspends on IT is quite common, so I'm not overly surprised really.

    http://www.computing.co.uk/news/1139418

    --
    "So there he is, risen from the dead. Like that fella, E. T." - Father Ted Crilly
    1. Re:It seems... by MrMickS · · Score: 4, Interesting
      Having worked for a number of consultancy companies don't be so quick to blame them. The problems with large scale procurement of this sort is generally down to a complete lack of knowledge by the purchaser and the desire to have completely new systems every time. I have seen consultancy project both work and fail. The reasons have always been down to management, or lack thereof, of the consultancy from the client.

      We have a multi-billion pound project on the way at the moment in the UK. This is running into huge problems as well, who knows what the end cost will be, but I blame the approach rather than the consultants. Instead of spending money on huge monolithic systems with attendant ongoing support tie-ins, the government bodies should be defining the data that needs to be stored, the interfaces to them and the interactions between them. If they produced a well defined model they could then place a general specification out there and let individual authorities purchase compliant systems from the market. The degree of competition that this would introduce would improve the quality and reduce the chance of cost overruns.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
  5. Typical by ArcSecond · · Score: 4, Informative

    So, let me get this straight: the problem was settled out of court for $350,000, but not before it had cost over $10 Million in over-runs and "damages".

    Once again, a triumph for dumbasses in Project Management everywhere. I guarantee you nobody lost their job over this. Not having the foresight to either keep the code Open, or secure the rights to the code when the contracts were signed, they should be though.

    --

    I've got a bad attitude and karma to burn. Go ahead. Mod me down.

    1. Re:Typical by phayes · · Score: 5, Informative

      RTFA (yeah, I know this is /.). The code was never open in the first place.

      Company A wins the contract to do phase 1 by modifying their existing software product.

      Company B wins contract for phase 2. Company A refuses to deliver source code as it contains significant proprietary info. Segue into N month court battle ending up with a settlement in which company B sublicenses company A's info (for an undisclosed amount) & A gets .3M$ from BigDig.

      Company B goes way overbudet & negotiates a premature end to it's contract. BigDig is now negotiating with Company A to finish what it started.

      The 10M$ pricetag is from 3M$ BigDig wished they could have fined Company A for, + 7M$ in overruns from Company B.

      Opensource could have been a solution to the problems they encountered, but only if BigDig was ready to finance the development of the software from scratch. Company A came to the table with a big head start as they were only modifying their own existing software.

      Supplementary info: Company A is Californian & Company B is local. IMHO it sounds like somebody thought that the developers of the software was generic interchangable pork that could be used to buy votes locally & got burned when company A refused to play along...

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
  6. Open code requirement in contract? by Jon+Abbott · · Score: 3, Interesting

    I wonder if the open code requirement was in the contract -- it sounds like it wasn't...

  7. Re:For those of us who don't live near Boston by DataCannibal · · Score: 5, Funny

    So, it's a bit like software development. then?

    --
    No but, yeah but, no but...
  8. Re:this is so miniscule compared to total cost- Fp by photonic · · Score: 5, Insightful
    This is just one reason why governments should pay only for Free Software with taxpayer dollars...
    I think this is not really a case to bring up the whole open source debate. The application is probably too specific (a traffic management system for tunnels) that open sourcing it wouldn't have helped society too much (any geek here with a tunnel in his backyard?). It looks much more like a case where the government failed to put proper clauses in the contract from the beginning. If they knew beforehand that a different company would be able to win the contract for the second phase, than the possible transfer of the code should have been in the contract for the first phase. Just a typical contract screw up.
    --
    karma police: arrest this man, he talks in maths; he buzzes like a fridge, he's like a detuned radio. [radiohead]
  9. Poor Contract Writing by Detritus · · Score: 3, Informative
    Boston should have required that they own any software that was written, modified or provided for the project, other than COTS stuff.

    Whenever I've written software for the federal government, they get the source code and everything they need to maintain the software themselves or have someone else do the work.

    --
    Mea navis aericumbens anguillis abundat
  10. Transdyn have to source by basingwerk · · Score: 5, Interesting

    Transdyn have a SCADA system called Dynac. Now Honeywell have a contract to build the next phase of the control system and Transdyn "refused to turn over the Dynac source code to Honeywell, claiming that the technology was proprietary". Do the Project Managers even know that SCADA software is almost always a trade-secret, like Windows or anything else? Just because Dynac had been modified as part of the project does not mean that it is state property, or Open Source or anything at all, unless the contract says that.

    --
    I stole this .sig
  11. Re:this is so miniscule compared to total cost- Fp by Anonymous Coward · · Score: 4, Funny

    (any geek here with a tunnel in his backyard?)

    "/me puts tinfoil hat on and raises hand"

  12. Re:For those of us who don't live near Boston by Associate · · Score: 4, Funny

    Why don't they just knock Boston down and then build the highway?

    --
    Someone hates these cans.
  13. A scam from the beginning by shotgunefx · · Score: 3, Interesting

    The Mass Turnpike Authority are the biggest f'cking crooks.

    They shouldn't even exist. It was formed to build the Mass turnpike. The tolls were added to pay the debt of constructing it. It was stipulated by law that it would be toll free once the debts were repaid. It should have been toll free in the 1960s. They keep spending money so it will never be finished.

    These are the guys trusted with god knows how many billions?

    I particularly like that they paid some outrageous amount (millions and millions, 48?) for a lot for material disposal, never used it, (here's the kicker) gave it back to the previous owner for free! People should be in jail for the shit that's going on.

    --

    -William Shatner can be neither created nor destroyed.
    1. Re:A scam from the beginning by stomv · · Score: 4, Interesting

      I particularly like that they paid some outrageous amount (millions and millions, 48?) for a lot for material disposal, never used it, (here's the kicker) gave it back to the previous owner for free!

      No, that's not what happened. At least, not quite. They siezed a parking lot from Frank McCourt (IIRC) using eminent domain, paying him the value of the lot, according to whatever court determines such things. Supposedly they did not end up using it for materials staging (not disposal), and then sold the lot back to McCourt. They sold it back to him for less than they paid for it, 'tis true. McCourt is now looking to sell the lot himself at a large profit.

      So, to clarify:
      1. The Big Dig paid for the lot from McCourt after using eminent domain to force the sale.
      2. It was to be used for staging.
      3. The Big Dig sold it back to him, at a loss.

      Mismanagement? To be sure. The worst part of the Big Dig? Nope, not by a long shot, in terms of cost, timeliness, risk exposure, nuisance for the city, etc.

      Then again, I don't think that the Big Dig is as big a screw-up as everyone makes it out to be. It was an incredibly difficult engineering problem, full of suprises and risk. Furthermore, since Massachusetts pay $1.21 to the USA in income taxes for every $1 the USA spends in Massachusetts, I feel as if the other 49 states "owed" us the Big Dig.

  14. Re:For those of us who don't live near Boston by cpt+kangarooski · · Score: 4, Informative

    Well, that's what they did when they put the artery in the last time. This whole project is trying to repair that damage and increase traffic flow.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  15. Huge Waste by Evets · · Score: 4, Insightful

    The Big Dig is a huge waste of money. When I was working out in Boston, Congress told Mass. "No more money" and then proceeded to fire the guy heading up the project. (This was about 5 years ago).

    I watched them take down a bridge, then actually rebuild the same bridge. I don't know what exactly they accomplished, but it just seems like a stupid thing to do. There are so many unaccomplished goals, you would think that breaking down and rebuilding would be tasked for a later date while they focused on doing things that actually provided a tangible improvement.

    When I think about Government Waste, I think about how my schools were run. Every school I ever went to from elementary school through college was wrought with waste and mismanagement - and those people all had a real desire to improve things. Now make the organization millions of times bigger with employees that could give a care and you end up with a trillian dollars in waste all from situations like this where it took months for somebody to say "hey, if this is costing us so much money wouldn't it make sense to just settle and move on?"

    The apathy that government employees have is staggering. If half of the government organizations simply had one whistleblower that alerted the press about waste that they witnessed, we would... well, we'd be in the same situation because nobody would do anything about it... but theoretically we could reduce waste by billions of dollars.

    Why is it that after all this time and all these budget overruns that the people of Mass. haven't just said "This is a bad idea. Lets kill it!"? Eventually, they'll just call the project done and we'll have another Bradley Fighting Vehicle on our hands.

    1. Re:Huge Waste by Anonymous Coward · · Score: 3, Insightful
      If the government is going to drop however many billions into this project, it should at least see it through until it is complete.

      Wrong. Economists call this the Sunk Cost Fallacy. "We've spent so much it would be madness not to finish the job."

      The only rational approach to spending more money is to consider today to be day zero. Forget the money you've spent. Calculate how much is needed to finish the job and decide whether it's worth it.

  16. Point to be made by Evets · · Score: 4, Informative

    The original bid went out in 1994 according to the article - which at that point access to source code was not a foreseeable issue for a lot of people in government purchasing departments.

    Also, this project was slated to take nearly a decade, at which point it was more than likely that other software might be available that would be able to handle the task.

    It's interesting to note that on top of the $10M, Honeywell upped their charge from a bidded $104M to $188M and explains away their cost overrun as a result of this dispute. So really, we're looking at now 94 Million Dollars being blamed on some poor schmuck in a purchasing department for not knowing that he should have included a source code clause in one of the 85 contracts he supervised that quarter.

    Now the purchasing people I know would blacklist any contractors associated with that kind of catastrophe, but then again, I don't know any of the bozo's working on the Big Dig.

    I understand that things can get out of hand occassionally and sometimes deadlines get missed and costs get to be over-budget. But nearly 100% over budget with no end in site? Just for this piece of the overall project that is wrought with this kind of thing? Maybe you shouldn't be hiring your project managers from the "welfare-to-work" program.

  17. You missed the point entirely by Anonymous Coward · · Score: 5, Insightful

    The Big Dig wasn't meant to make our commute any less arduous, it wasn't meant to educate our children, it wasn't meant to be anything other than a huge public works project which would inevitably become corrupted and suffer huge cost overruns- check out the history of the Brooklyn Bridge.

    The whole point of the Big Dig was to free up the land where the above ground artery ran. This is a huge, nearly priceless benefit for Boston. Not only does Boston regain several billion of dollars in downtown real estate- but it re-attaches the North end and Longwharf to the rest of the city. Cut off from the highway, those neighborhoods were difficult and unpleasant to get to, and severely devalued by the big ass highway running right past them. The benefit will be to make a more livable, more walkable city, with a downtown worth visiting.

  18. Bad deal for Honeywell by yakitori · · Score: 5, Informative
    The segment of Honeywell that was involved with Big Dig was HTSI (Honeywell Technology Solutions Inc). HTSI is involved in alot of NASA or military related contracts (primarily ground stations or satellite control like HST, Landsat, etc). HTSI was formally Allied Signal which was formally Bendix (NASA followers should know the name). Lockheed became prime on a major NASA contract and began shrinking HTSI's role in it, so Big Dig was an attempt to branch out into Intelligent Traffic Systems to save jobs. Anyway, it was a disaster since day one. Folks here viewed Big Dig as the last stop to hell. Long mandatory hours with no vacations, constant deadline dates that were pushed back week after week, quarreling customers that literally threw chairs at each other. There were weekly 'farewell' lunches for employees as everyone started jumping ship. HTSI didn't receive the Transdyn software for years. What little that was received had to be completely rewritten (thousands upon thousands of lines of code) because it did not fulfill any of the necessary requirements. Boston refused to pay cost overruns to HTSI was the big kicker that made HTSI start to hemorrhage money. Big Dig was a losing cause.

    HTSI eventually managed to recover. Lockheed royally screwed up their contract with NASA so it was ended early and HTSI managed to win on recompetes - by slitting their own throats but that is a story for another day... HTSI negotiated a way to end their involvement in Big Dig early (I guess HTSI learned a lesson and will only get involved in federal level contracts). Rumors are that Transdyn are negotiating to get back into writing the code for Big Dig. Hopefully they will have better luck the second time around. I'm sure there are lots of helpful comments in the current source revs in the ITS software for whoever develops it (particularly Transdyn :P)

  19. Re:For those of us who don't live near Boston by Anonymous Coward · · Score: 3, Informative

    There are two major (and I do mean major) highways that run into Boston. Interstate 93, which ran North-South through the city and links with Interstate 95 (on both sides). 95 is the major transportation corridor of the Eastern USA. The other is Interstate 90, which, before the project was completed, ran from the outskirts of boston (but not all the way to 93) and from there, it goes West across the country (go to Chicago, for example).
    This project gave them a direct link. 90 now hits 93 directly. (So highway traffic doesn't have to congest street traffic.)

    It also provided a better way to get to Boston's Logan International Airport. This is one of the busiest airports in the US and probably the world. They did this with an underground (and underwater) tunnel.

    It also removed the above ground highway that used to run though the city. 93 used to be primarily above ground, running over the local roads, through parts of the Boston skyline. Now it primarily runs underground.
    Not sure what the current status is wrt the old structures being torn down.

    The cost for this was like, $1348674135151351(USD). I might be short on that. Want an example of the crazy costs of the project? It was cheaper to send Neil Armstrong to the moon (millions of miles) and back than it was to put an automobile across the Ford Point Channel (110 f'ing feet).

  20. A little political history by hey! · · Score: 4, Informative

    I was having a conversation about this very topic with my brother in law the other night. He's a civil engineer who worked on the big dig for a number of years, until he decided to get out while his sanity was intact.

    We were discussing the now infamous leaks in the tunnel. The basic reason the tunnel leaks comes down to politics. Back in the day, ordinary people were treated as less than pawns when transportation projects were planned. They'd think nothing of bulldozing an entire historic neighborhood if it made some phase of the project a bit easier. And they put roads whereever the straightedge put the line, and anything the line went over be damned. Douglas Adams fans are familiar with this attitude. Boston neighborhoods have suffered particularly from this way of doing things. The West End, which was an ethnic neighborhood very similar to the now toney North End, was simply leveled in the name of "slum clearance", which meant razing the cozy little brick neighborhood and putting up massive, antiseptic, windswept concrete structures. When the original Central Artery was planned, they did not have the chutzpah to raze the old Faneuil Hall and it's marketplace, but they did plop a huge highway down between it and the waterfront. This process delayed the redevelopment of the old industrial waterfront for years, probably cost the economy billions.

    This process was so egregiously insensitive that entire political careers were made opposing transportation projects (how else does a guy like Mike Dukakis get to be governor?). People swore that never again would they destroy a neighborhood for the convenience of a transportation project. The political pendulum has swung so far the other way, that the decision was made when the new Central Artery was planned not to destroy a single building more than was physically necessary. As you know, in any engineering project, when one priority rises to the top, the others have to drop. That includes cost and water proofing.

    The way to accomplish this priority was to build the new highway almost entirely within the footprint of the old one, while the old one continued to run, not to mention avoiding any disruption of Boston's utilties, some of which date to the 19th century. The process was compared to doing open heart surgery on a patient while the patient played a game of tennis.

    Now, the leaks. In order to build the new tunnel more or less on the footprint of the old one, they excavated on the sides and built a slurry wall by injecting concrete into the excavation. Is it any surprise that it leaks? But, they did manage to build the thing without disrupting neighborhoods, other than the regular rerouting of traffic. And the artery, amazingly, actually does work -- traffic flows much better than it did before. And no building, no matter how old, unatrractive and decrepit, was taken down unless absolutely necessary, and cost be damned. But of course the tunnel leaks, and now Bechtel is stepping up and performing its predestined role as scapegoat. The rumors say that Bechtel was the best choice for this role because as a firm with strong Republican connections working on a Democrat instigated project, they wouldn't be sued quite as much.

    And thus the political excesses of one era make up in a rough (but expensive) way for those of another.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:A little political history by llefler · · Score: 4, Informative

      Now, the leaks. In order to build the new tunnel more or less on the footprint of the old one, they excavated on the sides and built a slurry wall by injecting concrete into the excavation. Is it any surprise that it leaks?

      You seem to imply that the use of slurry walls is the reason it leaks. I'll admit, I haven't read a whole lot on the problems with the Big Dig, but the ones I have seen indicated slurry contamination. It's a difference between a flawed application and a flawed process.

      I do remember reports that the World Trade Center used slurry walls to create the 'bathtub'. The WTC was build in 'reclaimed' land, and even after having two 110 storey building fall on it, it still only had minor leaks. And I can't swear to it, but I think LA used the process in parts of their subway system as well.

      For those that aren't aware, slurry walls are used in areas where there is too much ground water to pour conventional concrete.

      --
      It is amazing what you can accomplish if you do not care who gets the credit. -- Harry Truman