Abraham v. T. Henry Construction, Inc.

This case requires us to address an issue left open in Harris v. Suniga, 344 Or 301, 313, 180 P3d 12 (2008): Whether a claim for property damage arising from construction defects may lie in tort, in addition to contract, when the homeowner and builder are in a contractual relationship. Plaintiffs hired defendants 1 to build their house. Plaintiffs eventually discovered extensive water damage to the house. Plaintiffs then brought this action for breach of contract and negligence, alleging that the damage was caused by defendants’ faulty work and failure to comply with the Oregon Building Code.…