Woman says her house is sinking

by Robb Fulcher
Published August 27, 2009

A judge has temporarily halted construction of a Strand home at the request of a neighbor who says the work is causing her home to sink so much that her utility lines are in danger of rupturing. The neighbor alleges that the sinking has caused walls, ceilings and pipes to tear and buckle, and she is seeking more than $374,000 in damages.
However, the developer and an attorney for the owner of the house under construction said they do not believe the neighboring home sustained any serious damage.
In November 2008, Jeffrey and Katherine Kernochan hired KKC Development to tear down and replace their existing home at 2126 The Strand. Kim Komick of KKC said she dug a couple feet below the waterline to make way for a thick foundation under the new home’s basement, pumping out water as she went. The water was then filtered in a tank and poured onto the beach.

The allegations
“Almost immediately after excavation began, the property next door, 2120 The Strand, began experiencing problems,” said Adam D.H. Grant, a partner in the Encino law firm of Alpert, Barr & Grant who represents Teresa Dickey and a family trust which owns the neighboring property. “Her family’s home began to settle and tilt toward the excavation pit next door.”

Engineers hired by Dickey found that her property had tilted about four inches toward the open construction pit, Grant said. This caused loose ceiling joints, uneven flooring, cracks in the outside stucco, walls, windows and door frames, and tears and buckling of walls, ceiling and pipes, he said.
A structural engineer reported that earth movement is jeopardizing the integrity of gas, water and electric utility lines, Grant said. An independent contractor estimated the structural damage to the property at $374,481 as of last November, he said.

“We believe the damage has increased substantially since then,” Grant said. “…We’re hoping that this is finally the beginning of the end to a long, long nightmare for our client.”

The defense
Attorney John J. Tasker of Early, Maslach & Van Dueck in Los Angeles, who represents the Kernochans, said he is new to the case, but expressed doubts about Dickey’s claims.“We’ll have experts go over [to the Dickey house] and do some testing. I’ve been over to the site and it didn’t look like there was any serious damage at all.”

He said his clients “are not happy they had to stop construction. It’s a brief stoppage while the experts find out what’s going on. The house is three quarters up already. There is no shoring being done.” He said at one point a broken hose might have caused some paint chipping, but “nothing serious.”
Komick also said she does not believe the construction caused any damage. “I think when you have a 90-year-old house there might be some settling. We don’t see cracking outside the house whatsoever. They won’t allow us inside the house or on the property,” she said.

“There’s no cracking in the Strand, no cracking in the alley. There’s nothing to indicate there is the huge problem they are alleging,” she said. “As far as I’m concerned it’s very unfair.” Komick said the construction was approved by city inspectors, and the water pumping was certified to meet state regulations. She said it was the first time she had done such pumping, but she also said the practice “is not very unique. People do it up and down the coast all the time.”

And more
Dickey is also seeking compensation for personal injuries resulting from carbon monoxide poisoning when welding was done just outside their windows, Grant said. He said Teresa Dickey went to a hospital emergency room where tests showed elevated levels of carbon monoxide within her body. Tasker, the attorney for the Kernochans, said the carbon monoxide claim “is totally false.” Komick said the home is framed and stands four to six months from completion.

A Superior Court judge on Aug. 17 issued a preliminary injunction against further construction at the Kernochan property while the case is fought out in court. Grant said he wants repairs made to the Dickey home and wants experts to go into the Kernochan property to determine how construction could resume without further damage being done.