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Referring to as-yet-unnamed defendants as “Does 1 through 200,” Foreman writes, “Plaintiff will seek leave to amend this complaint to allege the true names and capacities of said fictitiously named defendants when their true names and capacities have been ascertained.” “Any engineer or architect involved with this project or the neighboring project is likely concerned that they will be dragged into this suit.” Handel Architects designed the building, DeSim- one Consulting Engineers was the structural engi- neer, and the contractor was Webcor Builders. The Millennium, the tallest reinforced concrete struc- ture in the Western United States, won a raft of awards, including the 2008 Outstanding Structur- al Engineering Project of the Year by the ASCE-San Francisco. But those awards will mean little to nothing in the courtroom. And citing a 2014 ruling out of the Cali- fornia Supreme Court in the Beacon vs. SOM case, Stephens says Handel, and even DeSimone and others, could end up in court for a long time. “In California, the duty of care potentially expands to a lot of parties,” Stephens says. “As a conse- quence, the plaintiff is going to be incentivized to add as many wallets to the party as they can. But

increasingly troubled Transbay Transit Center. The suit says that Transbay exacerbated the Millenni- um’s foundation problems by installing a buttress- ing system that failed to halt theMillennium’s shift. The ramifications of the case could be profound, says San Francisco-based Brodie Stephens, general counsel for global architecture firm Perkins + Will . While neither Stephens nor his firm are party to the suit in any way, as a longstanding member of the A/E/P-legal community, and being based in the Bay Area market, Stephens says he’s interested in the outcome. “This is a big case for the country,” he says. Stephens says a high-rise issue of this magnitude has not unfolded since 1978, when famed engineer William LeMessurier undertook emergency welds to keep Citicorp’s headquarters in New York from being blown over by high winds. As the Millennium is the tallest residential tower in the city and the third tallest overall, its troubles are no secret. “It’s made headlines and people are talking about it,” says Jens Norman, president of the Golden Gate Branch of the ASCE. “It’s a concerning issue.” In the filings, Foreman, citing the $500 million claim, says the “actual amount of damages is un- known at this time, but will likely exceed the esti- mate.” Foreman’s filings also suggest that more defen- dants will eventually be added to the suit.

The Millennium Tower has already sunk 16 inches, and could sink another 15 in the coming years.

See MILLENNIUM, page 8

ember 12, 2016, ISSUE 1167

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