PaintSquare.com
Follow us on Twitter Follow us on LinkedIn Like us on Facebook Follow us on Instagram Visit the TPC Store
Search the site

 

Advertisement

PaintSquare


Coatings Industry News

Main News Page


Railway Sues Contractor Over Tie Coating

Wednesday, November 1, 2017

More items for Coating Materials
More items from North America

Comment | More

One of the United States’ largest railroads has sued a contractor in federal court, alleging that the firm failed to apply the correct protective coating to wood railroad ties, bringing about premature deterioration.

Norfolk Southern Railway Company, which operates more than 20,000 route miles throughout the country, filed suit Oct. 23 in the U.S. District Court for the Northern District of Alabama, alleging that Boatright Railroad Products LLC neglected to apply coatings in accordance with specification. Norfolk Southern claims that Boatright, under owner Shane Boatright and principal John Steven Bookout, developed and applied a black coating that would mimic the appearance of the creosote protective coating specified for the ties at a cost savings, sacrificing the wood-preservative properties of the proper coating.

Norfolk Southern train
Specious, CC BY-SA 4.0, via Wikimedia Commons

Norfolk Southern Railway has sued a contractor in federal court, alleging that the firm failed to apply the correct protective coating to wood railroad ties, bringing about premature deterioration.

According to the complaint, Boatright acquired another contractor, Seaman Timber Company Inc., in 2009, taking on a Norfolk Southern contract that Seaman had won in 2006. Sometime after that, the railroad alleges, Boatright management ordered staff to stop treating railroad ties in accordance with specification and simply “’make them black’ by whatever means necessary.”

Low-Cost Coating

Boatright also contracted with an oil refining company to develop a coating that, when applied to a railroad tie, would resemble the proper wood coating, but would cost less than the specified product. That coating was formulated without regard for preservative properties, Norfolk Southern argues.

Boatright also used substances like motor oil, antifreeze and paint, none of which would properly preserve the wood, on the ties, the railroad says in its complaint.

In addition to using improper preservatives, Norfolk Southern alleges that Boatright used an incorrect species of wood for the ties, and did not allow them to dry properly.

Inspection Conspiracy

A third individual named as a defendant in the suit, Jimmy Lee Watt, was a former Norfolk Southern employee who the railroad had hired as an independent consultant performing quality-assurance inspections of the railroad ties. The complaint alleges that Watt took money—$128,000 total—from Boatright in exchange for falsifying inspections of the ties.

The allegation that Watt worked in concert with Boatright and Bookout falls under the Racketeer Influenced and Corrupt Organizations Act, a federal law enacted in 1970 to raise the stakes in organized-crime suits and prosecutions.

The alleged offenses happened between 2009, when Boatright acquired Seaman, and 2014, when Canadian company Stella-Jones Inc. purchased Boatright Railroad Products.

5 Million Ties, $50 Million

According to Norfolk Southern, during the time the alleged shoddy work was being done, Boatright produced nearly 5 million ties, “virtually all of which were installed into Norfolk Southern’s rail network.”

Norfolk Southern is seeking damages of at least $50 million, according to the suit.

Court documents do not yet list attorneys for the defendants. 

   

Tagged categories: Industrial coatings; Laws and litigation; Lawsuits; Rail; Wood coatings

Comment from peter gibson, (11/1/2017, 5:18 PM)

Bookout..really. came back to bite em good. Hell of a story.


Comment from WAN MOHAMAD NOR WAN ABDUL RAHMAN, (11/2/2017, 1:39 AM)

it takes two to tango, they say.


Comment from Ron Truman, (11/2/2017, 11:04 AM)

GREED, thats all i can say!!!!


Comment Join the Conversation:

Sign in to our community to add your comments.

Advertisements
 
Sherwin-Williams
 
Sherwin-Williams General Polymers Resinous Flooring App
 
Our coatings and linings expertise available 24/7, allowing you to explore the Sherwin-Williams systems best suited for your flooring needs. Android Users Click here to Download the app today!
 

 
Carboline Company
 
Carboline is pouring with opportunities
 
We are proud of our exceptional products and services, and believe that people are our greatest asset. Come grow with us!
 

 
Jotun Paints Inc.
 
Jotun Jotachar 1709
 
Mesh-free passive fire protection epoxy designed to protect against hydrocarbon pool fire scenarios for up to four hours as defined in the ANSI/UL1709 standard.
 

 
SABRE Autonomous Solutions
 
Quality
 
The ALPHA1 provides a consistent finish day-in
day-out; job to job.
 

 
W Abrasives
 
How to reduce your blasting cost ?
 
W Abrasives is able to reduce the global blasting cost to its customers by offering specific ranges of products and technical support dedicated to their application.
 

 
PPG Protective and Marine Coatings Group
 
We Protect and Beautify the World
 
PPG is widely recognized as a world leader in protective and marine coatings, developing innovative, cutting-edge products and services.
 

 
Mitsubishi Gas Chemical America
 
Performance Amine 1,3-BAC
 
A highly reactive cycloaliphatic diamine offering superior performance. Reasonable cost and curing efficacy makes it suitable for all types of epoxy resin applications.
 

 
BASF
 
New resins from BASF will have metals loving water!
 
Excellent corrosion resistance, low VOC, high gloss, thin films www.basf.us/industrialcoatings dpsolutions@basf.com 800-231-7868
 

 
SSPC: The Society for Protective Coatings
 
http://www.sspc.org/
 
Join SSPC and Enhance
Your Career !
 

 
International WorkBoat Show
 
Power Forward
 
Join us Nov. 29 – Dec. 1 in New Orleans for the 2017 International WorkBoat Show. If it can power your business forward, you’ll find it here. Register Now!
 

 
 
 

Technology Publishing Co., 1501 Reedsdale Street, Suite 2008, Pittsburgh, PA 15233

TEL 1-412-431-8300  • FAX  1-412-431-5428  •  EMAIL webmaster@paintsquare.com


The Technology Publishing Network

Durability + Design PaintSquare the Journal of Protective Coatings & Linings Paint BidTracker

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us