Friends,
I have documented a photo log and diary of the damage to my lot at Sunset Point, Bocas del Toro created by the negligent deposit of wet excavation material onto my lot #40 during the construction of the canal. I closed the sale of Lot 40 at Sunset Point in May 2008. When I viewed the lot in November 2007 Lot 40 was firm, undisturbed soil as can be seen in photographs provided to me by the developer. January 2008 I made a deposit followed shortly thereafter by a firm deposit. My sales contract closed in May 2008.
In May 2008 the developer started excavation of the canal in the region of the development where my property was located. There was no notification provided to me that there would be any significant fill from the canal deposited onto my lot. There was no preparation such as removal of vegetation prior to the excavation materiel being deposited and there was no compaction or grading of the wet excavation material as it was dug out of canal and deposited onto my lot. In addition, a previously undisturbed spring has been affected and this spring now flows significantly onto the surface and subsurface of my lot.
Not only do I consider the dumping of the considerable amount of fill onto my lot an act of trespassing, engineering experts and my legal counsel have advised me that the poor construction technique can be classified as negligence.
Due to the negligence of the construction and no subsequent efforts by the developer to address the situation despite repeated trips to Panama from Canada, meetings, phone calls and Emails, I am now faced with an incremental cost of approximately $40k to $50k in construction costs over and above costs for standard foundations. Standard foundations in this region assume compact and undisturbed land, exactly what the lot was before the fill was deposited. I have spent hundreds of hours on seeking a resolution plus have incurred considerable travel expenses.
The developer, Sunset Point Inc., continues to fail to address in a fair and equitable manner the situation created by their construction negligence. My request to them is simple, bear the burden of the incremental cost for foundation and excavation/fill under my house caused by your negligence. They have done rectification estimates with their engineers using the results of my soil samples and the design loads of my home.
I do not want to exchange lots. I do not want an incremental slice of property at the rear of my lot as that does nothing for me, as I can not move my proposed house location.
Sunset Point Inc. has not been willing to address this issue in a timely manner, nor in a fair and equitable discussion for the past ten months and has forced my to pursue my only remaining option which is to initiate legal action against them for trespassing and negligence and recovery of my costs for this negligence.
Photo Set:
http://www.flickr.com/photos/204000224/sets/72157618105183626/
Options:
To scroll through photos and see descriptions:
click on the first photo in the thumbnail set to see all descriptions.
then you will see a box on the right hand side titles “Lot 40 Sunset Point (Set)”
click on the Browse area at the rear of this box, or click on the right hand side photo to see the next in the set.
double clicking on the photo will enlarge it, use your browser back as desired.
Slide show
http://www.flickr.com/photos/204000224/sets/72157618105183626/show/
