Note: This story and its images have been updated to correctly identify the building in question.
The homeowners association at The Bristol West End is taking the condo project's developer, architect, engineering firm and geotechnical service to court, alleging an "inexcusable failure" in the project's design.
The HOA claims a serious design flaw in a suit filed last week by the HOA against 17 defendants in Davidson County Chancery Court.
According to the suit, cracks began to appear in various common areas in the project in late 2009, four years after the building opened its doors to residents. After notifying Bristol Development, the complex's developer, the HOA was told the cracks were the result of "common consolidation of the fill material" and that the best remedy was to caulk the cracks and continue monitoring them.
Nevertheless, the HOA said, despite following the recommended course of action, the number and severity of the cracks increased.
"In June 2011, the Association ... discovered that the foundation walls of the Condominimiums were designed and backfilled in an inadequate fashion," the suit reads.
This, according to the filing, led to horizontal cracking. In addition, the HOA says it discovered the foundation backfill was unsuitable, leading to settling in support structures, further exacerabating the cracking. Meanwhile, the cracks have spread to the units themselves, the result, the HOA says, of the building settling improperly.
The association, in a 35-count claim filed by Tune Entrekin & White attorney Todd Panther, alleges breach of warranty and breach of duty against Bristol and its subcontractors. The HOA is seeking a judgment adequate to repair the defects, as well as prejudgment interest, attorney fees and general relief.
Requests for comment from Panther and Bristol officials were not returned.
POSTDATA: WARRANTY DEEDS