LAWSUIT ATTACKS BUILDER; RESIDENTS ALLEGE DEFECTIVE PROPERTIES.Byline: Karen Maeshiro Daily News Staff Writer The owners of nearly 50 homes in the San Marin tract in west Palmdale are suing the developer, claiming the walls, floors and ceilings of their homes are cracking because of unstable soil. The lawsuit claims U.S. Home Corp. knew about soil subsidence subsidence, lowering of a portion of the earth's crust. The subsidence of land areas over time has resulted in submergence by shallow seas (see oceans). Land subsidence can occur naturally or through human activity. , instability and faulting but did not disclose that to home buyers. ``I don't want the place falling down on us. We have two boys that live with us here,'' said Bob Penrose, 37, a plaintiff who bought his house in 1995. ``We want it safe.'' Representatives from U.S. Home's Riverside office said they had not yet seen the lawsuit. ``We haven't seen this litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , and to the best of my knowledge, I'm not aware of any significant problems that exist in the San Marin community,'' said Michael Lutz, division president. The lawsuit, which was filed June 15 in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. Superior Court, seeks at least $200,000 in damages for each homeowner. The 105-home tract is north of Elizabeth Lake Road near 20th Street West. The homeowners are being represented by Los Angeles attorney Joseph Liebman, who won a $19 million judgment last year against another Palmdale developer. Griffin Homes was sued in 1991 by more than 80 homeowners in the Santa Fe Santa Fe, city, Argentina Santa Fe, city (1991 pop. 341,000), capital of Santa Fe prov., NE Argentina, a river port near the Paraná, with which it is connected by canal. subdivision west of the Antelope Valley Freeway The Antelope Valley Freeway is a freeway in Los Angeles and Kern counties in southern California. It is signed as California State Highway 14 along its length. It connects Greater Los Angeles to the rapidly developing Antelope Valley. for cracking walls and floors. ``There is a problem with the homes. Something is wrong, otherwise the homes would not be cracking or falling apart,'' Liebman said. ``The homes are cracking and that's not right, that's not normal.'' Penrose, a self-employed businessman, first noticed a crack in the concrete slab Concrete slab A shallow, reinforced-concrete structural member that is very wide compared with depth. Spanning between beams, girders, or columns, slabs are used for floors, roofs, and bridge decks. in his hallway when he replaced the carpet three years ago. He said the developer said the house was ``settling,'' and that it was normal and to be expected. Sixteen months later, Penrose noticed ants crawling throughout the house and traced them to the spot where he first saw the crack. He pulled the carpet back and saw the crack had widened to between a quarter- to a half-inch and ran the entire length of the house. Penrose said he and U.S. Home could not agree on repairing the situation. ``They were not going to cooperate with me,'' Penrose said. The lawsuit was filed after Penrose began talking to Noun 1. talking to - a lengthy rebuke; "a good lecture was my father's idea of discipline"; "the teacher gave him a talking to" lecture, speech rebuke, reprehension, reprimand, reproof, reproval - an act or expression of criticism and censure; "he had to neighbors, then held a meeting attended by 30 homeowners. Liebman said it appears that houses built in the 1980s in the Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming. The Antelope Valley as well as all over Southern California Southern California, also colloquially known as SoCal, is the southern portion of the U.S. state of California. Centered on the cities of Los Angeles and San Diego, Southern California is home to nearly 24 million people and is the nation's second most populated region, , are suffering from problems. ``They were built at a time when the housing industry was red hot. Qualified subcontractors were hard to find, and local building officials were stretched thin because they were having to inspect hundreds of homes,'' Liebman said. ``Unfortunately, we're seeing today problems that began when homes were being built.'' The lawsuit said U.S. Home failed to disclose to buyers that ``the tract of land in which the subject properties are located was developed in an area known to defendants . . . to suffer from subsidence, soil instability and faulting and such movement would eventually cause damage to the subject properties.'' The lawsuit said damage includes cracks, separation and elevation differences in walls, floors and ceilings; damaged concrete block walls; cracks and tilting in driveway slabs, stucco, drywall, pool decks, walkways, windows, doors and doorways. The homes also are being damaged from inadequate drainage and suffer from defective door frames, bulging wood frames and slippage Slippage The difference between estimated transaction costs and the amount actually paid. Notes: Slippage is usually attributed to a change in the spread. See also: Spread, Transaction Costs Slippage of concrete foundations, the lawsuit said. CAPTION(S): Photo PHOTO (Color) Bob Penrose examines a crack in the foundation of his home. Penrose is suing the home's builder. Jeff Goldwater/Daily News |
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