Wis. Couple Finds Negligence Claim Against Builder Blocked

WAUSAU, Wis. - A Wisconsin appellate court affirmed on Oct. 24 that the economic loss doctrine bars homebuyers from relying on tort claims to recover for any alleged negligence on the part of their builder. Komorowski v. Jeff Janssen Builders, No. 2006AP211 (Wis. Ct. App.).

In a per curiam opinion, Wisconsin's Court of Appeals, District III, affirmed summary judgment for Jeff Janssen Builders, the defendant in a negligence case brought by Lana and Robert Komorowski.

The Komorowskis complained that defectively installed drain tile was responsible for water and mold damage they discovered behind drywall in the spring of 2004. The …