San Antonio – Two families from the Rivermist community, filed suit against Michigan-based Pulte Homes Inc.; Pulte Homes of Texas LP; and Centex Homes Inc., a week after a retaining wall collapsed and homeowners had to be evacuated from their homes. This is the same wall that collapsed on Jan. 24 and caused a landslide in the subdivision, as well as opening rifts in the ground.
Corpus Christi-based law firm Hilliard Muñoz Guerra LLP is representing the two families that allege, Pulte and Centex acted in gross negligence, fraud and the most disturbing; Centex admitting they failed to submit plans or obtain a permit from the city of San Antonio for the stone retaining wall that sits 30-foot high and 1,000-foot long in the Rivermist community.
Residents are worried that they will not be able to sue, as the Centex purchase agreements contained a forced binding arbitration, but it seems that residents and their lawyers have decided there’s a way to go about it and proceed to recover damages.
A Centex spokeswoman Laurin Darnell, said in a statement. “We remain diligent in monitoring the stability of the site over the next 24-72 hours to ensure the continued safety of our residents.” Pulte Homes Inc. issued a Jan. 28 update, which states engineers initial findings show a significant soil shift on the hillside resulted in damages to the retaining wall. The update also states that Centex is committed to working with the city of San Antonio, Rivermist residents and third-party experts to respond to residents’ needs as quickly as possible.
