Rosauer Corporation v. Sapp Development, L.L.C. Todd Sapp Whispering Creek, L.L.C. And W.C. Development, Inc.

WATERMAN, Justice.

In this appeal, we must decide whether to extend the implied warranty of workmanlike construction to the sale of a residential lot without a home or other structure. The plaintiff, a contractor-developer, bought the lot from a realtor to build townhomes for sale. He alleges the lot had improperly compacted backfill, requiring extensive additional work to get it ready for construction. Plaintiff sued the original developers whose contractor had performed the substandard soil work. The district court granted defendants’ mo*907tion for summary judgment, ruling that the implied…