Lawsuit Claims 58-Story Condo Tower in Manhattan Has 3 Inch Tilt

A Manhattan civil suit claims that a newly constructed 58-story condominium tower in Manhattan’s Financial District has a three-inch tilt as a result of a skewed foundation — a defect that could cause bits of the tower to fall to the street, according to claims.

The alleged tilt of the tower at 161 Maiden Lane was caused by cost-cutting measures on the part of the developer, Fortis Property Group, claims the lawsuit, filed by project contractor Pizzarotti.

According to a story in the New York Post, “Fortis allegedly opted not to drive piles into the soft ground of the site by South Street Seaport on the East River before it laid the foundation, saving them $6 million, the suit alleges. “The building structure has settled and moved to such a degree that the structure is encroaching on a neighboring property line,” according to the papers filed last month in Manhattan Supreme Court. The lean on the 670-foot-tower could cause windows to plummet, the suit claims.”

A structural-engineering expert reportedly told the newspaper that the lean “could also cause doors to open randomly, leaks or uneven floors. All of this will only get worse as the weight of the building — which is currently unoccupied and under construction — increases when water, tanks and fixtures are added, the documents claim.”

The story adds, “Pizzarotti wants to break their contract with the developer, arguing it’s unsafe for workers or future residents to step inside. But Fortis argues this is just a last-ditch attempt by Pizzarotti to pass off blame for their own shoddy work.”

Pizzarotti’s web site (pizzarotti-usa.com) describes the building this way: “New construction of the first all-glass residential tower on the waterfront in the Historic Seaport District in Manhattan. Rising 670 feet, the tower will accommodate 99 luxury apartment and amenities. Overall the construction site is very tight, approximately 4,200 square feet. The site is built on landfill over the original piers along the East River. The curtain wall system is a custom engineered, prototypical design providing maximum glazing heights with narrow site line framing.

“The construction of the foundation would have required extensive dewatering and deep piles, due to its proximity to the East River. Instead, the Owner opted for a foundation design of soilcrete and piles, whereas the subgrade was injected with formulated grout to a depth of 30’- 50’. Perimeter piles were formed/poured to a depth 50’ to create a bathtub to minimize groundwater flow. The top 12’ of soilcreted grade was excavated to enable the pouring of the 12’ thick foundation mat slab. Specific perimeter piles have embedded steel rods which will tie into the mat slab, and post-tensioned when the superstructure height reaches 48 floors. The foundation also contains (4) steel rods, anchored into bedrock, at a depth of approximately 200’. These rods are surveyed monthly to measure calculated settlement of the soilcreted subbase, and building structure as a unit.”