The class includes those who had bought residential units in the Shangri-La Hotel building through a contract with the developer, or had taken an assignment of a pre-sale contract with the developer’s written consent, therefore having contractual privity with the building developers. The action alleges all IGUs that form part of the Shangri-La curtain wall exterior are defective.
In separate but related tort actions, unit owners have sued multiple defendants (including the developers) to recover the costs of repairing damage to the building’s common property (IGU actions). Owners who had contractual privity with the developers were previously barred from seeking property loss damages through the IGU actions (relief was limited to dangerous defect repair). 2/28/2022
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