The latest lawsuit in the sinking and tilting Millennium Tower saga has been filed by the building's homeowners' association, and it lists a collection of defendants, including the developer, architect, and the Transbay Joint Powers Authority (TJPA). As ABC 7 notes, the city of San Francisco is not yet named in the suit, but they could be added as a defendant at any time if it turns out that a building inspection was at any point incomplete or misleading.
The civil suit, filed San Francisco Superior Court Wednesday, seeks $200 million to address the structural issues facing the building in the hope of recovering value for the homeowners, some of whom sank their life savings into the units they purchased there seven years ago. Attorney Daniel Petrocelli, lead counsel for the HOA, said at a press conference Wednesday, per the SF Business Times, "This is the only case that exists for the purpose of securing all the money that it will take to fix the building and fix it permanently, once and for all." He also added that mediation is also ongoing between the developer and the HOA.
The suit cites "an array of wrongdoing by various parties" including "failure to design, develop, and construct the building in conformance with legal standards" and "negligent and fraudulent misrepresentation."
Millennium Partners spokesman P.J. Johnston said Wednesday that they have been "working cooperatively with the homeowners association at 301 Mission St. for the past six months to assess the cause and extent of the settlement of the building," still pointing the finger squarely at the TJPA, who they say caused the tower's excess sinking after dewatering the ground and installing a buttress wall prior to construction of the Transbay Transit Center. "Our top priority has always been to achieve a scientifically sound and reliable remedy," Johnston said in his statement. "We are disappointed and puzzled that the HOA board now is shifting gears to a disruptive strategy that leaves us no choice but to defend ourselves against false claims."
As KRON 4 notes, the lawsuit says that the 58-story building has sunk 16 inches since its construction, and now tilts 12 inches at the penthouse level.
Among the other legal actions surrounding the building is a civil suit against the developer by the SF city attorney, and a lawsuit by a group of homeowners claiming fraud on the part of the developer, the city, and the TJPA which seeks potential restitution of $75 million in condo values.