Nichols v. R.R. Beaufort & Associates, Inc.
Rhode Island Supreme Court
727 A.2d 174 (1999)
R.R. Beaufort & Associates (defendant) built a home in 1983 on unstable soil containing decomposing organic material and voids, first sold to Beaufort's cousin, who noticed garage-floor cracking and had it repoured, then resold in 1985 to Nichols (plaintiff), who added an addition to the home. Years later the garage floor caved in and cracks developed throughout the addition, kitchen, and garage; an engineering investigation traced the damage to the original unstable foundation soil, and Nichols sued Beaufort for negligent construction and breach of implied warranties, despite having no direct contract with Beaufort.
Whether a subsequent purchaser of a home, who has no direct contractual relationship with the original builder, may assert claims for breach of the implied warranties of habitability and workmanlike construction against that builder.