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Class action lawsuit filed against Millennium Tower and Transbay

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As expected, litigation begins for residents in the troubled luxe tower

Millennium Tower in San Francisco’s Yerba Buena neighborhood. Photo by Patricia Chang / Curbed SF

On behalf of all of the homeowners at the Millennium Tower, San Francisco’s luxury tower in peril, a class action lawsuit was filed today.

The lawsuit is aimed at Millennium Partners and the Transbay Joint Powers Authority since both sides have denied any responsibility for the structure’s now-infamous sinking and tilting.

Citing uneven floors and interior cracks, just to name two snafus, the newsletter announcing the litigation is damning. In part, it reads:

The Millennium Towers in San Francisco is built on landfill. It is the heaviest concrete building built in this seismic zone and, unlike other neighboring buildings, it is not anchored into the bedrock below. It has been reported that the building was expected to settle evenly to the depth of approximately 6 inches over its lifetime, but has now settled 12 – 16 inches and is leaning 15 inches at its top to the northwest. We are informed that some owners are reporting problems with uneven floors, difficulty opening and closing doors, windows, and cabinets, and that some interior wall cracks have been observed. To date, none of the potentially responsible parties have accepted any responsibility for this problem nor have they offered any assurance that this condition will not continue to deteriorate.

It also goes into how the building’s reputation is now poison, especially for potential buyers, where "[t]he only potential sales transactions that are likely to occur will be all cash by aggressive speculators at deeply discounted prices." Ouch.

It goes on to read:

Unfortunately, these problems often spiral out of control. As in other construction defect cases, a substantial assessment by the HOA for investigation and legal action is likely to follow. Faced with declining property values, high assessments, and lack of marketability, some owners under similar circumstances have chosen to stop making HOA payments, and those with large loans on their property have sometimes simply abandoned them to the lenders. Faced with the taint of construction defects, the property suffers a stigma and a reputational challenge, which will result in lower pricing and more difficulty in selling. Long term, even while repairs are undertaken, the homeowners will continue to suffer damages for which compensation is legally available.

Calling itself the Millennium Towers Litigation Group, the team consists of Blum Collins LLP, Catalano & Catalano, Foreman & Brasso, and Mark M. Garay, Esq.

Last week, it was reported that the noted 2008 residential building was sinking and tilting due, in part, to the fact that, during construction, it didn't use piles into the bedrock beneath the surface. More to come.

Millennium Tower

301 Mission Street, San Francisco, CA 94105 Visit Website