Developer of 1,396ft NYC megatower on Billionaires’ Row denies the building is faulty in $125 million lawsuit brought by the board over flooding, creaking walls and malfunctioning elevators

The developer of 432 Park Avenue, the tallest apartment building in New York City, has responded to a $125 million lawsuit that was filed by the condominium's board earlier this year. 

The lawsuit alleged that the building suffered from leaks, flooding, creaking walls and faulty elevators.

On Wednesday the company behind the project replied in a filing with the New York State Supreme Court calling the lawsuit 'ill-advised' and 'an effort to wrest unwarranted payments' from the developer, Los Angeles-based CIM Group.

In their answer to the original lawsuit, the developer claimed that the complaints raised by the board had been 'vastly exaggerated.'

The suit cited more than 1,500 alleged defects, breakdowns, failures and safety issues. 

Horrified residents were furious and alarmed about the leaks, creaks and swaying, not to mention the frequent problems with the lifts, in a building that is only a few years old and that was billed to buyers as ‘God’s gift to the world’. 

Located on Billionaires Row, known for its cluster of residential skyscrapers overlooking Central Park, the tower attracted buyers like Jennifer Lopez and Alex Rodriguez, among others. 

But one of the key selling points of the building - its height - also appears to be causing problems.

Strong wind gusts at higher altitude cause the structure to sway, affecting elevators and cables, while the free flow of air into garbage chutes, doorways, and hallways creates an orchestra of loud, spooky noises that reportedly dampen quality of life.

Ghostly whistles as air rushes through doorways and along the lift shafts is a disconcerting but common issue in super-high, super-thin buildings, caused by winds that force the materials to grind and screech against each other.

The taller a skyscraper, the greater the force of the wind, especially higher up, where it bounces off the structure as whirlwinds that create turbulence. Visitors to the penthouse reported feeling ‘super-nauseated’ because of the swaying. If hit by high winds, tall skyscrapers can bend by as much as three feet. 

The suit cataloged the board complained of 'horrible and obtrusive noise and vibrations,' including creaking, banging and clicking noises. Putting trash in the trash chute sounded like the detonation of a bomb, according to the suit. 

The sway of the building is also said to be wreaking havoc on piping and plumbing as residents continue to complain of leaks and floods. 

CIM Group had stated that the structure ‘is a successfully designed, constructed and virtually sold-out project’ and that the firm was ‘working collaboratively’ with the condo board. 

‘Like all new construction, there were maintenance and close-out items during that period,’ the board said.

Of the 125 condominium units in the building, just two are currently for sale, according to the official web site for the property. 

In some cases, the problems saw residents forced to leave their units for as long as 19 months while the sponsor fixes the issues, reports the Wall Street Journal. 

The building has suffered from several leaks and floods, two of which were reported in November 2018.

On November 22, 2018, a flange, which is a ribbed collar that connects piping, burst around a high-pressure water feed on the 60th floor, causing a flood.

The water seeped into apartments several floors below the leak.

Just four days later, the building general manager reported a ‘water line failure’ in which water leaked into the elevator shafts.

The damage forced two of the four residential elevators to be out of service for weeks. 

In another incident, a worker who was attempting to fix water infiltration issues allegedly drilled through concrete and into the building's electrical wiring. It caused an arc-flash explosion and damaged the electrical supply to the building.  

According to engineers, the problems affecting 432 Park Avenue have become commonplace at other residential skyscrapers where severe wind gusts at higher altitudes cause the buildings to sway.

In October 2019, management at 432 Park told tenants that one of their fellow residents was trapped for nearly 90 minutes after ‘high-wind conditions’ forced the elevator to become stuck.

Engineers say wind-induced sway led to cables in the elevator shaft shifting around, which caused slowdowns or shutdowns making it nearly impossible for residents to access their apartments.

Common charges for the building went up by 39% in 2019 after insurance premiums for the building rose by 300% following a vast increase in claims, largely due to ‘water-related incidents’ that alone have cost the building nearly $10 million to put right.

CIM Group has insisted the building ‘is a successfully designed, constructed and virtually sold-out project’. It added it was working with residents and that, ‘like all new construction’, there had been maintenance and other issues. 

'The building is without a doubt, safe', the developer said in response to the lawsuit noting that the majority of issues brought up by the board, including rewiring, plumbing repairs and waterproofing have been fixed.

On some occasions, where the developer had admitted repairs needed to be made, it alleged the board blocked its access to the building to carrying out repairs, cancelled work and even deactivated the keys of representatives of the developer who needed to access the building.

'Like any other skyscraper, 432 Park's sophisticated symphony of systems needed to be fine-tuned when residents began to move into the building,' the developer states in a legal response to the lawsuit.  

'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 luxury building is equipped with a pool, fitness center, together with aa sauna and steam room, a private theater and billiards room. The block is more than 90% sold.

The apartments are also some of the priciest anywhere in the world. 

Saudi billionaire property mogul, Fawaz Al Hokair, has put his penthouse up for sale and is on the market for $169 million having paid $87.66 million in 2016.

Others who have lived in the building at one time or other include Jennifer Lopez and her former boyfriend, former Yankees slugger Alex Rodriguez.