First Lawsuit Filed Over Leaning Tower of SF

It didn’t take long for the first aggrieved condo owner to go to court once word got out about the case of the sinking, leaning Millennium Tower in San Francisco.

Four law firms said Tuesday they were teaming up with John Eng, a resident in the 58-story tower, in a lawsuit against building owner Millennium Partners and the Transbay Joint Powers Authority — the public entity behind the Transbay Transit Center under construction next door.

And they’re seeking a big pile of cash: $500 million at least, if a judge grants the lawsuit class- action status on behalf of the building’s 400-plus residents.

The suit in San Francisco Superior Court claims that Millennium Partners is responsible for construction defects and an improper design that are causing the building to sink into the landfill beneath it and lean to the northwest. The transbay authority contributed to the problem by digging a huge hole for a rail station that destabilized the condo palace, the suit says.

The result is a “diminution in value” of all the units in the building at 301 Mission St., said the lead law firm in the case, Foreman and Brasso of San Francisco.

The lawsuit was filed eight days after we revealed that the Millennium Tower has sunk 16 inches and has tilted at the base by at least two inches.

A geotechnical engnineer hired by the condo tower’s homeowners association — which is not a party to the lawsuit — warned residents in May that the building was still sinking at a rate of about an inch a year and showed no signs of slowing down. Cracks and water intrusion have appeared in the building’s underground garage.

P.J. Johnston, a spokesman for Millennium Partners, said the company would not comment on the suit. “We are focused on working with the homeowners association to monitor the situation and take appropriate next steps,” he said.

Representatives of the transbay authority did not respond for to requests for comment. The agency — made up of representatives of San Francisco, AC Transit, Caltrans and Caltrain — has denied it’s to blame for the Millennium’s troubles. It pointed out that it spent $58 million to shore up the condo tower before excavation began on the bus and rail terminal.

Homeowners association spokesman Charlie Goodyear said the lawsuit “doesn’t change what we are focused on — identifying the repairs that are appropriate for the Millennium Tower and how best to recover the costs for those repairs.”

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Source: www.sfgate.com www.sfgate.com

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