A genius attorney spinning BS.
—
Could be.
The only reality is the building has settled to the point where it is 2-feet out of plumb, which is huge.
Every building is designed to settle and every skyscraper is designed to sway, to a degree, in the wind, but being 2 feet out of plumb has to be introducing a lot of unexpected stress on the building’s frame. What happens with a strong earthquake?
Clearly, this is a major problem.
But the difference in the drawings is only conflated by the attorneys, probably nothing more.