The transit authority also said the high-rise is made of concrete rather than steel, “resulting in a very heavy building. This heavy structure rests on layers of soft, compressible soil. The foundation of the Tower, however, consists only of a concrete slab supported by short piles that fail to reach the bedrock below. That foundation is inadequate to prevent settlement of a building with the weight of the Tower.”
If it’s true they didn’t sink the piles into the bedrock, then it’s the builders’ fault.
That would be true only if that was the contemporary building code requirement in 2008 during construction. If the builders built to code (and can prove it) and a neighboring construction causes damage to a prior-existing structure, the "a priori" assumption is that the new construction is at fault.
Who wins? I don't know but the lawyers will submit a lot of billable hours! If the civic transit construction loses, then probably the taxpayers of SanFran, then of the county, then the state and finally everyone who pays taxes in the country!
I believe it is too the builder’s fault.