Ore. Supreme Court Allows Negligence Claim Despite Contractual Relationship

SALEM, Ore. - Oregon's high court has ruled that a contractual relationship between a homeowner and developer doesn't bar a negligence cause of action where the damage allegedly caused by defective workmanship was reasonably foreseeable. Abraham, et al. v. T. Henry Construction Inc., No. S058101 (Ore. Sup. Ct.).

The Supreme Court cautioned in affirming the Oregon Court of Appeals and reversing a trial court decision that the contract could have been written to preclude tort remedies.

Richard and Janice Abraham retained Keith A. Lucas of Keith Lucas Development Properties and Kevin G. Mayo of KGM Construction to build their home. …