New York mega-skyscraper ‘without a doubt safe’, developer says in response to lawsuit

The developer of one of the world’s tallest towers has responded to a multi-million dollar lawsuit from the building’s condominium board over construction and alleged design defects that have resulted in floods, elevator malfunctions and electric explosions.

The response, filed on Wednesday in New York state supreme court by an entity managed by Los Angeles-based CIM Group, said that the complaints against 432 Park Avenue in New York’s so-called Billionaire’s Row are “vastly exaggerated.” The developer also called the lawsuit “ill-advised” and argued that it was “an effort to wrest unwarranted payments”.

In September, the condo board sued the tower’s developers, CIM Group and Macklowe Properties, for $125m in damages. The lawsuit includes costs to repair over 1,500 construction and design defects that were identified by an engineering firm hired by the board, along with other breakdowns and safety issues.

“This case presents one of the worst examples of sponsor malfeasance in the development of a luxury condominium in the history of New York City,” said the complaint.

The board complained about “horrible and obtrusive noise and vibrations” including creaking and clicking sounds in the building, which has 102 floors. It also said that trash that went through the trash chute sounded like a bomb detonation. According to the suit, the issues for certain residents were so serious that they were displaced from their units for as long as 19 months.

The suit also detailed one incident in which a worker who tried to fix water infiltration issues allegedly drilled through concrete and into the tower’s electric wiring, resulting in an arc-flash explosion. The worker was allegedly thrown back several feet as a result of the explosion.

Jonathan Adelsberg, a partner at the law firm Herrick Feinstein, which is representing the board, described the defects as “peeling an onion”, referring to ones that may yet be discovered. “This is a work in progress in ascertaining what’s wrong,” he told the New York Times in September.

In its response to the lawsuit, the building’s developer said the building is “without a doubt safe.”

“Like any other skyscraper, 432 Park’s sophisticated symphony of systems needed to be fine-tuned when residents began to move into the building,” it said. “But the board repeatedly and unlawfully prevented sponsor from accessing the building and finishing the job, all while manufacturing an ever-increasing list of demands,” the developer added in Wednesday’s court filing.

Adelsberg responded to the developer’s filing, saying, according to the Wall Street Journal: “This is yet another attempt by the sponsor to shirk responsibility by rewriting the record of its malfeasance. We will continue to ensure that the sponsor is held accountable for their persistent failures.”