The Millennium Tower homeowners association has retained prominent lawyer Dan Petrocelli. Petrocelli is best known for winning the $33.5M wrongful death lawsuit against O.J. Simpson. He most recently represented President Donald Trump in litigation filed by former students against Trump University, reports the San Francisco Chronicle. The case was settled for $25M.
Mediation has been ongoing between condo owner attorneys and developer Millennium Partners over how to stabilize the tower. The building has settled 16 inches and is tilting two inches to the northwest. Talks have been slow-going with the sides disagreeing over how bad the problem is.
The homeowners association is continuing mediation with the developer while considering lawsuits against the developer, the city and others. Residents have filed separate lawsuits against the developer, San Francisco and Transbay Joint Powers Authority. Millennium Partners points the finger at the Transbay Joint Powers Authority, saying the agency pumped groundwater during the new terminal’s construction—contributing to the sinking of the building.
Individual condo owner lawsuits accuse the developer of fraud, saying it did not disclose the problems with the building to buyers. The homeowners association has not accused the developer of fraud. Funding for a tower fix may need to come from the developer’s insurance company, which would not pay out in situations of fraud.