N. Idaho woman with sinking home sues builder
The owner of a slowly collapsing northern Idaho house built over landfill that includes decaying animal bones, tree stumps and other trash has filed a lawsuit against the builder, who in turn has filed a suit against the company that sold the land. "I want to be paid back everything it's costing me to get this house into livable condition," Margaret Cultice, the homeowner, told the Coeur d'Alene Press. "Dealing with all this is a nightmare."

N. Idaho woman with sinking home sues builder

 The Associated Press0
4/24/08

COEUR D'ALENE, Idaho — The owner of a slowly collapsing northern Idaho house built over landfill that includes decaying animal bones, tree stumps and other trash has filed a lawsuit against the builder, who in turn has filed a suit against the company that sold the land.

"I want to be paid back everything it's costing me to get this house into livable condition," Margaret Cultice, the homeowner, told the Coeur d'Alene Press. "Dealing with all this is a nightmare."

She said repairing the house so far has cost $40,000, and expects to pay $80,000 altogether.

She has sued Viking Construction, which built the one-story house in 2000. Viking in turn has sued the company that sold it the land, Morko of Dalton Gardens, saying the problems at the house are caused by improper soil under the foundation.

Idaho building code requires buildings be constructed only on undisturbed ground, or certified fill, which must be placed in compacted layers. According to court documents, Viking purchased the property from Morko under a contract that provided the grounds would be ready for residential construction.

Cultice's son bought her the house in 2003 for $174,000.

Two years later, Cultice said she began noticing cracks forming along walls and corners in her kitchen and hallway. The doors eventually became impossible to close.

Then a gap opened between the wall and floor and expanded to 2 inches as the house sank as much as 6 inches in places.

"I had winter coming into my house," said Cultice, a hospice nurse. In places, "the ceiling was the only thing holding up the walls."

She contacted Viking. An inspection by the company found the home had been built over trash that included large air pockets.

The company sent a letter to Cultice stating: "While we are very sympathetic with the circumstances in which you find yourself, Viking does not have an obligation to you to assume responsibility for correcting the unstable fill condition, or for repairing any damage to your home."

Viking said air pockets and organic material placed in the pit over which Cultice's home was built are causing the problem, and that the problems were therefore caused by Morko.

Morko could not be reached for comment Thursday by The Associated Press.

Joe Hassell, a civil engineer with Inland Northwest Consultants, said that sandy soil in the area where the home was built typically provides a supportive foundation.

He said a common but reckless practice by some developers is to scrape off the top soil for other uses, then backfill the resulting hole with other materials.

Other homes are also having problems in the Heartland subdivision that includes Cultice's home. One is on resting on jacks 2 feet above the ground.

Jerry Streeter, Viking design manager, said the company is repairing the home as a result of problems that are similar to the ones experienced at Cultice's property. Streeter would not comment on why Viking chose to repair one home and not the other.

Nearby, Therese Johnstone's driveway is uneven and has started to crack, and she's concerned it might end up like Cultice's home.

"It really worries me," she said. "I hope it doesn't get that bad."

http://www.idahostatesman.com/531/story/361053.html