Lawsuit: SPI tower leaning

BROWNSVILLE - Developers of a luxury high-rise condominium under construction on South Padre Island have sued architects, engineers and contractors for $125 million to repair their 31-story complex.

Ocean Tower L.P., a Texas Limited Partnership, sued Raba-Kistner Consultants Inc. of San Antonio; Datum Engineering Inc. of Austin; and Zachry Construction Corp. of San Antonio in 357th state District Court, claiming it will cost at least $25 million to straighten and repair the sagging high-rise, according to the lawsuit.

Representatives of the three companies that were sued declined on Wednesday to comment on the allegations.

Cameron County Building Inspector Noe Benavidez said in mid-June that construction had ceased at Ocean Tower because the building had a "settling problem," a defect confirmed by Domit Development of McAllen on June 19.

The building is outside the South Padre Island city limit, and is therefore under the jurisdiction of the county building department.

Jay Mitchum, the Island's building inspector, said the depth and diameter of pilings to support buildings are determined by engineering studies, and that in most cases the pilings are sunk at least as deep as the building is tall.

According to the lawsuit, Raba-Kistner authorized 95-foot piers for the 31-story building.

Construction was halted when cracks appeared in the garage walls, breaking, bending and cracking beams blamed on the uneven settling, according to the lawsuit.

The lawsuit further states the tower core settled from 14 to 16 inches; the tower exterior from 8 to 10 inches; the west parking garage 4 to 8 inches; and the east parking garage 1 to 2 inches.

"In order to return the building to its proper design and function, the (four-story) parking garage will need to be detached, and the foundation will need to be reinforced (with 200-foot piers) ... This will make the building completely stable and safe," the lawsuit states.

These repairs are estimated to add $20-$25 million to the construction costs and delay the project from six to nine months, the lawsuit states.

The lawsuit also states developers are concerned that "negative publicity" about the project will cost them $100 million, and are seeking that much more from the architect, engineers and construction company.

Developers accuse the three companies of fraud and negligence, claiming they portrayed themselves as experts on the Island's unique soil structure and did not take proper steps to design and build a proper foundation for the luxury development, according to the lawsuit.

Ocean Tower is located on property north of the town of South Padre Island that stretches from the Gulf of Mexico beach to the Laguna Madre, the lawsuit states.

It will have 151 condominiums, four high-speed elevators, a spa, fitness center and fully manned beachfront facilities, the lawsuit states.

Benavidez said he issued a building permit based on all county requirements being met.

"They had engineering studies and construction plans," he said.

Benavidez said he inspected the job site when the foundation work was completed; his next inspection would be scheduled when the work was finished, but before the building was occupied.

Read the full text of the lawsuit at: http://www.valleymorningstar.com/articles/tower_30347___article.html/ocean_filed.html