I no longer felt safe in my home. I no longer felt safe in Pedregal. We had to leave Pedregal because management was attacking us with violent intentions. We have returned to the United States.
Between 2019 and 2023, three independent licensed experts in Mexico inspected Casa Gallo and prepared detailed technical reports documenting the condition of my home. Although completed years apart, all three reports reached the same general conclusions:
- The observed damage was attributed to excessive ground vibrations generated by heavy machinery operating on the neighboring lot owned by David Nakama Oancea.
- Cracking affects both architectural finishes and structural elements, including confined masonry walls.
- The damage is progressive and continues to worsen over time.
- Significant repairs, including structural reinforcement, are necessary.
The most recent report (2023) estimated the cost of repairs at more than 5 million Mexican pesos, reflecting both increased construction costs and the continued deterioration documented by the expert.
The original expert reports, together with a video from the USB drive submitted to the court by Engineer Oscar Castillo Sánchez, are included below for anyone who wishes to review the technical findings and supporting documentation.
Technical Damage Assessment Report (Dictamen Técnico)
Property: Residential house at Lot 26, Block 14, Camino del Mar, Pedregal de Cabo San Lucas subdivision, Cabo San Lucas, Baja California Sur, Mexico.
Owner: Mr. Goerss John Phillip.
Prepared by: Engineers Josué Aharón Maza Ruiz (professional license 2498760) and Leonel Reyes Zetina (professional license 6288620), dated July 2, 2019.
Background
The house shows visible cracking throughout walls, floor slabs/ceilings, and floors across the entire built area. The problems began after heavy machinery started excavations and rock-cutting at a nearby construction site (Lot 55, Block 16, Callejón del Pueblo No. 15 in the same subdivision), located about 60 meters away.
Purpose of the Report
To evaluate the extent of damage caused by vibration/seismic waves transmitted through the rocky ground of the subdivision from the heavy machinery work.
Inspection Findings
Engineers inspected the interior and exterior, took measurements, and performed limited probes:
- Finishes/coatings (most affected): Vertical cracks in walls; floor slabs/ceilings cracked in two directions, with some plaster detachment from ceilings; floors show continuous cracks and entire tiles/pieces coming loose.
- Structure: Cracks penetrate into the concrete-block masonry of confined walls, amounting to structural failure of those walls.
- Utilities/installations: No evidence of damage.
Conclusions
Vibrations generated by the heavy machinery at the nearby lot traveled through the rock, accelerating the building materials and producing the observed cracks and damage.
Recommendations
- For future rock excavation nearby: Use fragmentation methods that do not generate damaging seismic waves that could endanger surrounding properties.
- Non-load-bearing walls (fences, garden walls, etc.): Completely demolish and rebuild them. Existing foundations can stay and be reused (they have no structural role).
- Affected load-bearing structural walls: Reinforce them with connecting elements such as reinforced concrete beams and columns (“dalas y castillos”). Foundations can remain in place—there is no evidence of ongoing differential settlement.
- All damaged floor coverings: Replace them.
- Exterior patio and walkway floors (whether reinforced or not): Restore/replace them.
The report includes a photographic section documenting the cracks in walls, ceilings, and floors.This is an independent engineering opinion attributing the damage to construction-related vibrations and outlining repair priorities.
Full English Summary of the Expert Report (Dictamen Pericial) by Oscar Castillo SánchezAuthor
Oscar Castillo Sánchez, Civil Engineer (Federal professional license No. 2573908).
Court-appointed expert (Perito) of the Supreme Court of Justice of the State of Baja California Sur (authorization SGA-1232/2014) in general construction, topography, technical opinions, civil-works appraisals, progress reports, and construction quality. 27 years of experience.
Date of inspection
2 December 2019 (at the direct request of the property owner). Property examined
Residential house (“Casa Gallo”) owned by Mr. John Philips Goerss (also spelled John Phillip Goerss / Goerss in related documents).
Location: Lot 26, Block 14, Callejón del Gallo and Camino del Mar, Fraccionamiento El Pedregal de Cabo San Lucas, Baja California Sur.
Cadastral key: 402-001-014-026.Purpose
To determine and quantify the damages caused to the house by the construction work taking place on the opposite lot.
Neighboring Construction Site
Lot 55, Block 16, Callejón del Pueblo No. 15, same subdivision (cadastral key 402-001-016-055), owned by Mr. David Nakama Oancea.
Work involved heavy excavation and rock cutting/breaking using large machinery, starting around 5 November 2018 and continuing for many months.
Methodology
- Visual inspections of the entire house (interior and exterior).
- Extensive photographic documentation (more than 190 images) plus 9 videos.
- On-site measurements to calculate repair quantities.
- Office analysis using AutoCAD, CivilCAD, and cost-estimating software, assisted by a site supervisor, cost engineer, and draftsman.
- Three architectural plans annexed that map every crack/damage to specific photo numbers.
Main Findings
The house suffered widespread cracking and damage to:
- Walls (interior and exterior)
- Ceilings / floor slabs
- Floors
- Perimeter walls/fences
- One large sliding door
The expert attributes all of these damages to excessive ground vibrations transmitted through the rocky soil from the heavy machinery (excavators and especially a high-powered rock-breaking machine that delivers more than 2,000 blows per minute) operating approximately 60 meters away.Similar cracks appear in several neighboring properties.
Additional Observations
- The neighboring works began without proper construction permits/licenses from the subdivision or the Los Cabos Municipal Planning Department. The construction license later produced does not match the actual start dates or the dates on the job-site sign.
- A formal complaint (denuncia) about the damages was filed with the municipal authorities on 14 May 2019. As of the date of this report, the complaint had not been resolved and the damages had not been repaired.
Quantification of Damages (Repair Cost Estimate)
A detailed budget prepared by Engineer Josué Aharón Maza Ruiz (professional license 2498760), dated 2 December 2019, includes:
- Complete demolition and reconstruction of the perimeter wall/fence (reinforced concrete + hollow block, including foundations, beams, columns, plaster, paint, and cleaning).
- Repair of all cracks and general damages throughout the house (ceilings, floors, walls — removal of damaged material, correction, and cleaning).
- Replacement of one damaged sliding door (244 × 217 cm, two sections).
Total estimated repair cost (including IVA/VAT): $2,722,550.02 Mexican pesos
(Subtotal without tax: $2,347,025.88 MXN).
Budget validity: 15 calendar days from the date of the estimate.
Conclusions of the Expert
- Neighboring construction started without authorized permits/licenses. 2–3. The Goerss house has extensive interior and exterior damage to floors, walls, and ceilings caused by vibrations from the heavy machinery on the opposite lot.
- Repair cost is estimated at $2,722,550.02 MXN.
- Neighboring lots also suffered similar damage.
- The continuous, excessive use of a high-impact rock-breaking machine (over 2,000 blows per minute) is the primary cause.
- The municipal complaint filed in May 2019 remains unresolved and the damages unrepaired.
The report ends with the expert’s formal credentials, court authorization documents, and annual renewals of his status as a court expert.
This lengthy report (approximately 200+ pages, mostly photographic evidence cross-referenced to architectural plans) strongly supports the earlier, shorter July 2019 technical opinion by Engineers Maza Ruiz and Reyes Zetina. Both conclude that the damages resulted from construction-induced vibrations and require significant repairs.
These 6 pages in the attachment below are maps of Casa Gallo showing exactly where every crack was found. Red arrows point to damage in almost every part of the house and property:
- Living areas, bedrooms, kitchen, garage, and stairs
- Ceilings, floors, and structural walls
- The entire perimeter wall along Callejón del Gallo (the side closest to the construction)
- Around the pool, terraces, and walkways
The damage is not limited to one wall or one room. It is spread throughout the whole house and outdoor areas — exactly what happens when strong ground vibrations travel through the rocky soil.
English Summary of the Third Independent Expert Report
by Esp. en Val. Arq. Silvia Quilvania Quiroga Itúrburu
(Dated 7 May 2023 – Inspection performed 4 March 2023)
Author
Silvia Quilvania Quiroga Itúrburu, Architect specialized in Valuation (professional license 3428192; specialty valuation license 5687494).
Authorized court expert (Perito) of the Superior Court of Justice of the State of Baja California Sur (registration SG ATSJ-SECJ/355/2019).
Registered valuator (IMV 17.26 IMVBCS).
Property
“Casa Gallo” – two-level modern superior-good residential house.
Location: Camino del Mar corner Callejón del Pueblo, Fraccionamiento El Pedregal, Cabo San Lucas, BCS.
Lot 26, Block 14, cadastral key 402-001-014-026.
Construction area: 346.28 m² + amenities 184.719 m² + pool/jacuzzi 34.716 m² = total built ≈ 552 m².
Land: 528.51 m².
Age: approximately 18 years. Condition: normal-good.
Purpose
Technical expert opinion on structural damages, construction failures, quantification, and repair budget caused by neighboring construction.
Cause of Damages
All observed damages are attributed to excess ground vibration produced by heavy machinery working on the construction site directly in front of the property (Lot 55, Block 16, cadastral key 402-001-016-055, owned by David Nakama Oancea), at a horizontal distance of 30 meters.
Methodology
- Multiple interior/exterior inspections
- Extensive photographic documentation
- Physical measurements with measuring tapes
- Cross-check with architectural plans
- Calculation of work volumes, unit prices, and full cost catalogue
Key Findings
The house shows widespread and progressive cracking, detachment, humidity/saltpeter, and structural failures in many areas, including:
- Exterior perimeter wall/fence
- Covered garages (both streets)
- Pool and pool machine room (cracks + water leaks)
- Garden areas
- Multiple bedrooms (ceilings, walls, beams)
- Bathrooms
- Living-dining, kitchen
- Laundry, terraces
- Roof slab
- Cistern (leaks reported by owner)
- Main façade
Neighboring properties show similar damages in floors and walls.Damages are visible and continue to worsen with time.
Repair Quantification / Budget
After detailed volume calculations and unit-price analysis, the expert concludes:Physical cost of repair works: $3,903,720.00 MXN
Total with IVA (VAT): $4,528,320.00 MXN(This covers finishes, structural reinforcements with expanded metal mesh, demolition/rebuild of affected walls, construction joints every 3 m, re-plastering, painting, pool repairs, cistern treatment, etc. Additional unforeseen items may appear during actual repair.)
Final Conclusions
- Casa Gallo has significant, visible, and progressive structural and finish damages throughout the listed areas, caused by the neighboring earth-moving and construction works 30 m away.
- Adjacent properties show similar damage patterns.
- The full repair cost (as of May 2023) is $4,528,320.00 MXN including tax.
This 2023 report is consistent with the two 2019 reports but reflects a higher cost, which is expected after four additional years of unrepaired progressive deterioration.
These reports span nearly four years and were prepared independently by licensed professionals in Mexico. Readers are encouraged to review the original documents and supporting materials to reach their own conclusions.
The reports, photographs, architectural plans, cost estimates, and accompanying video have been made available here to preserve the record and provide the full technical context surrounding Casa Gallo.
Meanwhile, the Pedregal Board of Directors and the developer knew about this the entire time and have attempted to hide the truth to the entire colonos (HOA) about what was going on.
To be continued…
@Claudiashein @ChrisAgundezg @VictorCastroCos @LosCabosTourism @DEAHQ @ClarkCountyNV @Nv8thC @FBIDirectorKash @cbriveras @GobBCS @spencerinvestor