In July 2015, the Court of Appeals made a favorable ruling for contractors in Sullivan v. Pulte
when it held that a subsequent (i.e., non-original) homeowner cannot maintain a negligence claim against a homebuilder for construction defects.
The story began in 2003, when Mr. & Mrs. Sullivan bought a three-year-old Pulte home from the original owner. Six years later, in 2009, the Sullivans discovered defects in the retaining wall and asked Pulte to repair them. Pulte declined to make the repairs, claiming that it was not responsible for defects in a home of that age. The Sullivans sued Pulte for damages for fraud and misrepresentation, for breaches of implied warranty, and for negligence.
The trial judge dismissed the Sullivans’ lawsuit, ruling that:
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