“There’s no legal way for (WSDOT) or the state to come down to a jurisdiction and have them be held responsible for the contract,” Clibborn said.

The governor shares that opinion. In 2010, then-state Attorney General Rob McKenna advised then-Gov. Chris Gregoire that further legislation would be required to make the proviso operative, Inslee said.

Inslee and Murray, who as a state senator sponsored the tunnel legislation and voted for it despite concerns about the proviso, are mostly on the same page.

Both leaders are standing by the project while insisting that Seattle Tunnel Partners is responsible for overruns because it has a “design-build” contract with the state.

“We have seen no evidence that costs related to the machine repairs will be borne by the state or taxpayers,” Inslee said.

Time will tell whether the governor is correct. The companies that make up Seattle Tunnel Partners have years of experience litigating cost questions, and as of last spring they already had filed claims with the state for an additional $190 million.

Evaluating Bertha’s muck, Inslee addressed the project’s detractors this way: “A decision was made. Right now we need a safe new arterial through Seattle more than we need a historical debate.”