McMillan v. Brune-Harpenau-Torbeck Builders, Inc.

The issue presented in this case is whether privity of contract is a necessary element of an action in negligence brought by a vendee of real property against the builder-vendor. In overruling Insurance Co. v. Bonnie Built Homes (1980), 64 Ohio St. 2d 269 [18 O.O.3d 458], we hold today that privity of contract is not a necessary element of such an action.

In Mitchem v. Johnson (1966), 7 Ohio St. 2d 66 [36 O.O.2d 52], this court stated in paragraph three of the syllabus:

“A duty is imposed by law upon a builder-vendor of a real property structure to construct the same in a workmanlike manner and…