5 On Your Side

Retaining Wall Troubles Leave Homeowners Stuck In Red Tape

Posted August 28, 2006
Updated November 10, 2006

— When a retaining wall did not work out as planned, a homeowner called Five On Your Side to solve the ongoing mess.

Chunks of wood and clumps of clay are what is left of the retaining wall in LaShonda and John Simmons' back yard.

"We saw the water come tumbling over the wall itself, and then in the blink of an eye, it just fell," LaShonda Simmons said.

The problems occurred after days of heavy rain.

"The sand, mud, sludge came sliding down into our yard" LaShonda Simmons said.

The wall is also beginning to collapse into George Green's backyard.

"I don't come out my back door much. I try to stay inside because this just irritates me really bad," he said.

Both homeowners contacted their builders.

"They said they would send someone out to take a look at it, and that's just what they did. They took a look at it, but they didn't get it squared away," said LaShonda Simmons.

Perry Builders ultimately blamed "Acts of God" and told Simmons to file a claim with her homeowner's insurance. She tried, but the company would not cover it. Green's contractor, Jordan Built Homes, would not take care of it either.

"I was hysterical. It was very funny for me to hear him say that this wasn't their problem," Green said. "This wall should have never fallen like this. There's always been a drainage problem with this wall."

So Simmons called Five on Your Side.

"This happened two months ago in June, and I just think I've allowed enough time" she said.

While Five On Your Side was interviewing Simmons, Perry Builders called to say they will fix the wall. Soon after, Jordan Built Homes called Green with a similar message.

Both builders said when they found out insurance wouldn't cover the collapsed wall, they got together to figure out how to repair it. They just had not told the homeowners. The day after Five On Your Side's interview, they started working on the wall.

Ryan Perry, owner of Perry Builders, said the company engineers had to assess the area so they can "guarantee a more structurally sound wall" should this type of flooding happen again. The builders expect the new wall to be completed this week.


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