The lawsuit, filed Sept. 1, claims that Del Webb and Malphrus Construction dumped 600,000 yards of soil and material to build the berm, which encroaches on approximately 4.4 acres owned by the foundation. The resulting berm has rendered that land unusable for development, the lawsuit states.
The foundation, a nonprofit organization that purchases land for USC campuses, is asking for compensatory and punitive damages without seeking specific dollar amounts. It also is asking the court to require Del Webb to remove the earthen berm and restore the property to its previous condition.
Malphrus Construction spokesman James Ayres denied the company did anything wrong.
"Malphrus was unaware of any problems with the berm prior to receiving the lawsuit," Ayres said. "Malphrus constructed the berm according to the plans and directions provided by Del Webb."
Del Webb general manager Ken Hull said Thursday that his company had not received the lawsuit and could not comment.
Officials with the university and its development foundation also declined to comment, referring questions to their attorney, Colden Battey of Beaufort. He did not return messages.
According to the lawsuit, Del Webb hired Malphrus in 1996 or 1997 to build an earthen berm 30 feet high, 140 feet wide and 2,700 feet long on Del Webb property.
That land was next to the university foundation's property, which was then owned by International Paper.
Last fall, when the foundation began negotiating to buy 120 acres from International Paper, it discovered that about half of the earthen berm had been put on "a large portion of the subject property," according to the lawsuit. The university foundation went ahead and bought the 120 acres.
The campus, a branch of the University of South Carolina Beaufort, last month opened in the location next to Sun City after moving from its southern Beaufort County quarters on Hilton Head Island.