Home builder files suit against developer of SE Albuquerque subdivision

A New Mexico home builder has filed a lawsuit against a developer alleging substandard work has resulted in damage to homes, streets and other infrastructure in a Southeast Albuquerque subdivision.

Pulte Homes Inc. alleges that “defective planning, design, development, workmanship and construction” performed by Eastside Development Inc. resulted in costly damage in the Volterra subdivision of Juan Tabo Hills Estates.

Rex Wilson, president of Eastside Development, declined to comment about the lawsuit in a brief phone interview.

Pulte said it purchased 100 residential lots from Eastside at a “substantial” purchase price in 2018, according to the lawsuit. Juan Tabo Hills is located off Juan Tabo SE west of the Four Hills neighborhood.

Phone messages left for Pulte’s Houston-based law firm, Craddock Davis & Krause, were not immediately returned.

The lawsuit, filed Aug. 29, alleges “damage to streets, retaining walls, lots, homes, and utility trenches, which may continue to occur over the expected useful life” of the subdivision.

Subsidence, the gradual caving in or sinking of land, will damage homes, walls and streets, the suit said.

“There have been instances of subsidence in the street,” the 2nd Judicial District Court lawsuit alleges. “Also, subsidence of lots and retaining wall backfill occurred, leading directly to retaining wall damage to homes. All of these defects and deficiencies require repair” by Pulte Homes, the suit said.

Tim Walsh, a spokesman for Albuquerque’s planning department, said Friday that a city inspector found some damage at the subdivision in November 2022 in response to complaints.

The damage included low spots between sidewalks and curbs, cracks in a retaining wall and street subsidence, he said.

City Councilor Renée Grout, who represents the district, said Friday her office has not received any complaints from homeowners in the area.

Pulte Homes, a division of Atlanta-based PulteGroup Inc., issued a news release in 2019 announcing a grand opening celebration for the Volterra subdivision in June 2019. Pulte’s website shows that the firm is no longer selling homes in the subdivision.

The problems have resulted in ongoing costs for Pulte Homes to repair “damage to the constructed homes,” the suit contends.

The suit asks a judge to award Pulte unspecified damages for negligence, breach of contract and other alleged violations.