Warner v. Design & Build Homes, Inc.

¶1 —After Curtis and Ana Warner discovered structural defects and significant mold growth in their new home, they sued Design and Build Homes, Inc., (Design) and Omega Pacific Lath & Plaster, Inc., (Omega). The Warners asserted that Design, as the builder-vendor, had breached the implied warranty of habitability. As to Omega, the subcontractor, the Warners maintained that they were third-party beneficiaries under the contract between Omega and Design, which therefore entitled them to bring a claim for breach of an implied warranty of workmanlike construction. The trial court granted Design…