Ellis v. Robert C. Morris, Inc.

This appeal arises from an order of the Trial Court (Wyman, J.) granting the defendant’s motion for summary judgment. The issue presented is whether a subsequent purchaser of a home may sue the builder for damages based on the builder’s negligent performance of the original construction contract. We hold that a builder has no tort obligation to subsequent purchasers of a house to prevent economic harm resulting from defects in the house. A purchaser’s action for damages for the cost of remedying defects sounds in contract; accordingly, in the absence of privity of contract between the…