Shangri-La developers to task over allegedly defective windows

Owners of residential units at the high-end Shangri-La development in downtown Vancouver are suing the building’s developers for what they claim are construction defects and ...

Owners of residential units at the high-end Shangri-La development in downtown Vancouver are suing the building’s developers for what they claim are construction defects and breach of warranty related to fogging and water ingress issues with the tower’s windows.

The Owners of Strata Plan BCS 3206 and 0790482 B.C. Ltd. filed two notices of civil claim in BC Supreme Court on December 15, 2015, against KBK No. 11 Ventures Ltd.1100 Georgia PartnershipPeterson Investment (Georgia) LPAbbey Adelaide Holdings Inc.LJV Georgia Investments Inc. and No. 274 Cathedral Ventures Ltd.

The plaintiffs claim that issues with the building’s “insulated glass units” or “IGUs” became apparent soon after moving in.

“Within the first year of moving into their strata units at the Shangri-La, a limited number of strata owners noticed fogging of certain IGUs,” the claims state. “Over the course of the next several years, an increasing number of residents of the Shangri-La noticed performance issues with their windows, including fogging, water ingress, dripping and missing sealant, as well as sealant falling away from the building. “

In July 2015, an expert report on the building’s windows found that “latent defects” in the design and fabrication included pre-existing moisture in the window cavities as part of the development’s “curtain wall” design, as well as failed sealant, cracked thermal barriers, “and the release of organic acid gases within the IGUs at elevated temperatures.”

The plaintiffs seek specific performance of the developer’s obligations under the implied warranty, “including to provide IGUs that [are] suitable and free from defect, rendering the premises suitable for habitation.” 

The allegations have not been tested or proven in court, and the defendants had not responded to the claims by press time.  

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