Ore. Court Says Subsequent Owners Can Sue Builder for Negligence

PORTLAND, Ore. - Oregon's Court of Appeals held on Dec. 26 that a homebuyer who negotiated a lower price from the seller because of known construction defects could still pursue a negligence action against the original builder. Bunnell v. Dalton Construction Inc., No. C033658CV (Ore. Ct. App.).

The court noted in reversing a trial court that it reached a similar conclusion earlier in the month in another case in which the builder argued unsuccessfully that a successor owner was precluded by the economic loss doctrine from pursuing claims for damages against the builder (Harris v. Suniga Or App,,__P3d[Dec 6, 2006]).