Dear Interesting Observer,
I agree with all of your points and questions. However, CHS is ultimately responsible. First, a little history lesson. Are you familiar with the Pennsy K-4 Pacific #1361 currently nearing the end of a very costly and lengthy restoration at Steamtown? Do you know who was in charge of its first restoration which culminated in its first operations on April 11 and 12, 1987? It was none other than Doyle McCormack, a very well respected railroader and steam restorer. It was common knowlege in our field at the time that Doyle told the Horseshoe Curve Chapter of the NRHS that their desired restoration timeline and budget would not allow him to perform the type of restoration he knew that 1361 needed. In the he agreed to undertake the restoration, having advised the owner that it would not last over the longterm. They agreed to proceed anyhow, and the rest is now history as the state of PA has spent nearly enough money this time to build a brand new engine from the ground up! Almost any engine can be given a "so-so" restoration and it will run for some time before its time for more substantial rebuilding. Has Doyle's character or ethics ever been questioned for agreeing to complete a less-than-perfect restoration?
Not all of us in this wonderful, incredible hobby come to it with a lot of business accumen in our hip pocket. Until just a few short years ago, there was a lot I didn't fully comprehend about free market enterprise. There's a lot I still have to learn but with what I know now, I contend that Marlin did nothing more than help CHS solve a problem they had. They needed an operational steam locomotive by a certain date and they had only so much money with which to get it in running condition. Being a good Coloradoan who has the resources to help CHS solve their problem, Marlin stepped up and said he could give them an operational #9. Whether he clarified what kind of rebuild they would get for $250K+ is purely speculation on my part and really none of my business. Neither, for that matter, should it be anyone else's business! Just my opinion and you know what that's worth!
Over the past few years, I have firsthand experienced the temptation as a contractor to offer an owner no further help than to give them a price for what they are asking for. No matter how little the owner knows about what he needs or wants, it is always a temptation to let someone walk right into a hornet's nest that you can see coming but they can't. Now the right thing to do in situations like this, in my opinion, is to always be as helpful as possible. A shrewd businessman would make an owner pay for that information. Remember, there's no such thing as a free lunch!
If CHS had someone like a Doyle McCormack, or John Rimmasch or Lynn Moedinger on retainer to advise them on the technical ramifications of rebuilding #9, they may have either decided not to embark on the restoration or wait until they had the resources to do it right. Either way, they didn't have many other options since they had a contractual obligation to Railstar to come up with an operational steam engine.
In the end, Marlin is only responsible for #9's condition today if he had been required to assume that liability by CHS from the outset. I highly doubt Marlin would have agreed to any such liability/warrantee/guarantee in this case.
Rob Gardner
