Lofts at Fillmore Condominium Association v. Reliance Commercial Construction, Inc.

OPINION

HURWITZ, Justice.

¶ 1 We consider today whether a home-builder who is not also the vendor of the residence can be sued by a buyer for breach of the implied warranty of workmanship and habitability. We conclude that absence of contractual privity does not bar such a suit.

I

¶2 William Mahoney and The Lofts at Fillmore, L.L.C. (collectively, “the Developer”) contracted with Reliance Commercial Construction, Inc. (“Reliance”) to convert a building owned by the Developer into condominiums. The Developer later sold condominium units to individual buyers, who formed The Lofts at Fillmore…