South Lexington, Kentucky, residents Israel and Denise Vasquez claim that the construction of new shopping center Brannon Crossing Centre in neighboring Jessamine County has damaged their home in the Southpoint subdivision. The blasting, excavation and other activities associated with the construction of the new shopping center in northern Jessamine County "caused substantial permanent damage" to nearby houses, according to the class action lawsuit filed in Fayette Circuit Court.

"There's a crack running the length of the garage," said the lawyer who filed the suit on behalf of the Vasquezes and other affected property owners. "There's also interior damage. Doors don't shut. Windows bow out."

Recently, the ceiling of the Vasquezes garage dropped onto the tracks of the garage door. "The only thing keeping the subfloor above from falling onto his car were those tracks," the attorney said.

Named as defendants in the suit are Bellerive Development Co., the Jessamine County firm that developed Brannon Crossing; and Central Rock Mineral Co. LLC of Lexington, a contractor for Bellerive. Also named as a defendant is CNA Insurance of Chicago. The suit says the Vasquezes filed a claim with CNA but the company "refused to conduct a reasonable investigation" and "did not attempt in good faith" to reach a settlement.

Before undertaking any job, builders perform a "pre-blast survey" to look at an area that might feel impacts. Attorneys for the Vasquezes claim that properties in the Southpoint subdivision and adjoining neighborhoods experienced damage. "One home nearby has a cinder-block garage, and they've developed cracks running between the cinder blocks from floor to ceiling on three walls. Other houses have radiating cracks from door frame.

"One house with a little crack, it might be settling," he added. "But six houses, and they all get cracks within a one-year period? All built by different builders in different times with different materials? That's more than coincidence."

In this case, the suit is brought on behalf of the Vasquezes and all adjacent property owners in Fayette and Jessamine who have incurred damage. The plaintiffs include all who have submitted claims to CNA Insurance "that were wrongfully denied," and those who did not submit claims, the suit says.