NEPHI, Utah — The Rios family moved into a newly-built home here in November 2022.
Less than two years later, they say they started seeing cracks in the walls.
“It’s emotional,” Chelsie Rios, who is pregnant with her sixth child, told FOX 13 News. “I have a hard time going inside and going in my kids’ rooms. It makes me really sad.
“This was our house. We expected to be here for a while.”
Other families in the Winn Ridge neighborhood of Nephi have seen similar settling and cracking, according to a lawsuit filed earlier this year in state court. Twenty-one homeowners are listed as plaintiffs.
The homes were built in 2022 and 2023, the complaint says. The plaintiffs describe cracks in the drywall, particularly in the corners of doors and windows; floors that have sloped; doors that no longer latch, and fissures in basement floors that are allowing “dangerous levels of radon” into the homes.
“Oh, it's so frustrating,” said Brandee Wing, whose house also has cracks in the walls and concrete.
“I wish I could cuss a lot on this thing,” she said while speaking in front of a FOX 13 News camera.
Soil report
The homeowners are suing Riding Siding Construction. The complaint says it’s the company that built the homes.
The plaintiffs also are suing Salisbury Homes and three sales agents working for both companies. The complaint describes Salisbury Homes as handling much of the sales. A geotechnical report described in the lawsuit is listed as having been prepared for Salisbury.
An attorney representing Riding Siding and Salisbury and the agents declined to comment, citing the pending lawsuit.
An attorney for GeoStrata, which prepared the geotechnical report, also declined to comment due to the lawsuit.
The lawsuit contends the builders were told the soils in Winn Ridge “have a moderate to high collapse potential.” The report instructed the builders to pour 6 to 10 inches of fill soil, depending on how the soil was compacted.
“Riding Siding and Salisbury Homes failed to follow the Footing Structural Fill Requirements,” the lawsuit contends. “Instead, they placed 12-inch loose lifts.”
The builders also failed to install foundation drains called for in the report, says the plaintiffs, who also accuse GeoStrata of not performing required inspections.
“The fraud that homeowners have alleged,” Chase Wilde, the attorney for the homeowners, told FOX 13, “are that there were important facts about these lots and the way the soil was prepared – or not prepared – that were not disclosed.”
A six-figure fix
What could stop the settling?
“Piering,” said Michael Wing – Brandee’s husband. “A lot of money. A lot of money and piering.”
The Wings provided FOX 13 an estimate from a foundation repair company. The plan would call for digging underneath the Wing home, lifting it and placing piers underneath.
The estimate says that could cost more than $267,000. That’s more than half of what the Wings paid for their home. They would still need to pay to fix the existing damage and any caused by lifting the house.
Property records show Riding Siding has bought back one house in the neighborhood.
The lawsuit does not specify any dollar amount the homeowners are seeking.
“They don't necessarily want to move,” Wilde told FOX 13. “They don't want to sell their homes. They just want the homes repaired.”
The Wings say their neighbors – and fellow plaintiffs – are like them; couples raising children who moved to Winn Ridge for homes they could afford.
“The layout of the whole house is beautiful,” Michael Wing said, “and it's what we wanted. So, we are hoping to stay here.”
The Rios family say they paid $700,000 for their home – and have moved out.
“It definitely felt very unsafe,” said Edgar Rios, Chelsie’s husband.
Speaking to FOX 13 last month, the couple pointed to a tarp over the roof of their garage. They say the settling caused a separation in their roof that allowed rainwater to pour inside the garage.
“We worry about wires being pulled and starting a fire,” Chelsie Rios said, “or gas lines breaking, pipes breaking.”
“This is our biggest investment,” she added. “We have no other debt except for our house.”
TIPS FOR AVOIDING CONSTRUCTION DEFECTS
In researching advice from attorneys and the construction and insurance industries, here are some ways FOX 13 found to avoid buying a brand-new home that has flaws.
- Look to see what plans were filed with the city or county prior to construction. The builders might have submitted, for example, a geological report or other documents describing how they planned to mitigate problems like slopes or soft soils.
- Whatever information you find at the local government, ask the builder and seller for more. They may have additional documents about building plans, hazard mitigation and inspections. Speaking of which…
- Pay to have someone inspect your new home at every step of the construction process or ask for proof that the builder had an independent third-party inspect the work.
- If there are other homes in the neighborhood built by the same builder at approximately the same time, and some of those homes are now occupied, knock on your potential neighbors’ doors and ask them if they have noticed settling, cracking or other defects.
- Most new homes in Utah come with a one-year warranty. Read it and learn what the warranty covers.
- Before the warranty expires, pay for a new inspection. Submit any problems to the builder.