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[7] The short answer to the question of the liability of the developer on a theory of breach of implied warranty is that Appellants have made no such claim.[8].

This rule evolved from the 1842 case, Winterbottom v. Wright, 10 M. & W. 109, 152 Eng.Rep. The developer also demurred asserting as its sole challenge to the sufficiency of the count against it that there was no allegation of personal injury or property damage, and that it "cannot be liable in tort to plaintiffs for purely economic loss." 518, 268 S.E.2d 12, review denied, 301 N.C. 527, 273 S.E.2d 254 (1980); Terlinde v. Neely, 275 S.C. 395, 271 S.E.2d 768 (1980); A.E. Greiner Co. Inc., supra, and Coffey v. Derby Steel Co., 291 Md. Restatement (Second) of Torts § 351 (1965). Chapter 151, § 1, Laws of Maryland, 1970, now codified (with changes) at § 10-203(a) of the Real Property Article, Maryland Code (1974, 1981 Repl.Vol.). If the latter, liability continues only until the vendee has had reasonable opportunity to discover the condition and to take such precautions. Among the courts that have recognized a duty on the part of builders or architects toward third persons after acceptance of work by the owner are: Hanna v. Fletcher, 231 F.2d 469 (D.C. Nothing that we have said in Otis Elevator Co., Krieger or Coffey is inconsistent with the decision we reach today. 1984); Flaherty v. Weinberg, 303 Md. 5 F. Harper, F. James and O.

Matyas v. Suburban Trust Co., 257 Md. v. Yorkridge Serv., 295 Md. The developer is, in a sense, the builder of the project, even though he may delegate to others the physical acts of construction. See also Starfish Condo. 575, 498 P.2d 1179 (1972) (subsequent purchaser's action against contractor for failure to install safety glass in a sliding door); Drexel Properties, Inc. v. Bay Colony Club Condominium, Inc., 406 So. Whiting-Turner’s growth and success is attributable to the belief in and strict adherence to the core values established over a century ago by our founder, G.W.C. Appellees also rely on Matyas v. Suburban Trust Co., supra, but that case does not stand for the proposition that a tort duty of due care will not be extended in the absence of privity. We next consider the developer's liability as a vendor of residential property. A Title 10 implied warranty is for one year from delivery of the deed (or possession, if earlier) in the case of a completed residence, and an action for breach must be commenced within two years after discovery or two years after the expiration of the warranty, whichever occurs first. We Restatement (Second) of Torts §§ 352 and 353. Given the current trend of expanding the exceptions to the rule of nonliability of one who has employed an independent contractor, and given the policy considerations favoring the imposition of at least initial liability upon the person who sits at the top of the pyramid of those who create the improvement, a strong argument may be advanced in favor of the recognition of a nondelegable duty on the part of the developer with respect to unreasonably dangerous conditions created as a result of the development. Rather, we assumed that a duty of due care would extend to foreseeable users, but in the facts of the case found no duty on the part of the elevator company that could be related to the accident.

See Prosser and Keeton on the Law of Torts, § 104A, at 668 (5th ed. 2d 515 (Fla. Dist.

[*] SMITH, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion. at 135, 492 A.2d 618, the fact that Appellants have suffered only economic loss will not be a bar.
18, Docket Number:

Notice of the defect must be given within the warranty period, and an action for breach must be brought within a year of the warranty period. 227, 342 N.E.2d 619 (1976); Kristek v. Catron, 7 Kan. App. 320, 327-38, 503 A.2d 1333 (1986). [10] We are not required to and do not reach the question of the liability, or extent of liability of one who may violate a safety provision of a building code in building, remodeling or repairing that person's own home with no intention at the time to sell or lease the premises. [5] It is the serious nature of the risk that persuades us to recognize the cause of action in the absence of actual injury.

Based in Baltimore, Maryland, Whiting-Turner Contracting has been in business since 1909. Appellants may also have entertained some doubt about the applicability of Title 11 warranties to this case, a question we do not decide. The American Institute of Architects, The Maryland Society of the American Institute of Architects, and The Baltimore Chapter of the American Institute of Architects filed by Geoffrey S. Mitchell, Semmes, Bowen & Semmes, on the brief, Baltimore, for amicus curiae. Aaron J. Beyer (Meltzer & Schiffrin, on the brief, Philadelphia, Pa., for appellee Ewing Cole Erdmann Rizzio Cherry Parsky a partnership, Alexander Ewing, Individually and as General Partner and Colonial Mortgage Service Company (James W. Almand and Ayres, Jenkins, Gordy & Almand, on the brief), Ocean City, and Douglas G. Worrall, Christopher J. Heffernan and Smith, Somerville & Case, on the brief), Baltimore, for appellee Meyers & D'Aleo, Inc. A claim that defective design or construction has produced a drafty condition that may lead to a cold or pneumonia would not be sufficient. The duty of the architects and the builders in this case, to use due care in the design, inspection, and construction of this condominium extended to those persons foreseeably subjected to the risk of personal injury created, as here, by a latent and unreasonably dangerous condition resulting from their negligence. In the case of major developers, that control may be retained in its entirety. Restatement, supra, § 353. See Heckrotte v. Riddle, 224 Md. We agree that where, as alleged here, there is a violation of a provision of a building code that was intended as a safety measure, and where that violation has produced death or personal injury, the duty imposed by the Code is nondelegable. 2d 328 (Fla. 1982) (condominium association's claim against architect and builder for negligence in supervising construction and in making subsequent repairs); Stephens v. Stearns, 106 Idaho 249, 678 P.2d 41 (1984) (tenant's action against architect and builder for failure to provide hand rail); Kristek v. Catron, 7 Kan. App. This case has been cited by other opinions: CourtListener is a project of Free See also Cutlip v. Lucky Stores, 22 Md.

Sign up to receive the Free Law Project newsletter with tips and announcements. Appellants seek compensatory and punitive damages from each Appellee. In Matyas we held that neither the landlord nor the tenant had any obligation imposed by law to clear snow and ice from abutting public sidewalks, and that a provision in the lease requiring the tenant to do so would not create a legal obligation to third parties. at 464-65, 505 A.2d 494; Sherman v. Suburban Trust Co., 282 Md. Having found at least one theory of negligence that is embraced by the allegations of the declaration and not subject to the single attack set up by the developer's demurrer, we conclude that the demurrer to this count should have been overruled. 517 A.2d 336, 308 Md. In tracing the development of the law of duty and its relationship to the concept of privity, we said at 198 Md. [4] Marlboro Shirt Company was a tenant in a building owned by S. Rosenbloom, Inc. During the term of the lease, Rosenbloom contracted with the telegraph company for the installation on the existing sprinkler system of an "Automatic Central Station Signaling System." Because the allegations pertaining to this claim are for the most part stated in conclusory fashion, we have no way of knowing precisely what was said or written that Appellants believe constitute actionable misrepresentations. [4] The facts of the case before us require only that we consider the existence of a duty where the negligent conduct has created a risk of personal injury, a question not addressed by the holding in Marlboro Shirt. 565, 571-72, 77 A.2d 776 (1951) that "a contractor owes no duty to the general public for which it may be made responsible in an action in tort for negligence, if it does not perform its contract." 328, 439 A.2d 534 (1982). In the context of this case, we find particularly persuasive the reasoning of the Indiana Supreme Court in Barnes v. Mac Brown and Company, supra, 342 N.E.2d at 621: A similar conclusion was reached by the Fourth District Court of Appeal of Florida in Drexel Properties, Inc. v. Bay Colony Club Condominium, Inc. supra, 406 So.2d at 519: We conclude that the determination of whether a duty will be imposed in this type of case should depend upon the risk generated by the negligent conduct, rather than upon the fortuitous circumstance of the nature of the resultant damage. 700, 727 n. 10, 517 A.2d 75 (1986). The trial judge sustained the demurrers without leave to amend, concluding that Maryland law would not recognize a tort duty in the absence of privity under these circumstances, and that in any event a duty would not be recognized where only economic loss was claimed.

As Dean Prosser stated: On the other hand an increasing number of courts have declined to distinguish between a risk of personal injury or property damage on the one hand and a risk of economic loss on the other, finding no rational basis for that distinction.

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