Heath v. Palmer, 2006 VT 125 (2006)

Citation: Heath v. Palmer, 2006 VT 125 (2006)
Parent Document: Heath v. Palmer, 2006 VT 125 (2006)
Jurisdiction: Vermont (state)
Effective Date: 2006-11-20
Original Source: https://www.courtlistener.com/opinion/2092056/heath-v-palmer/ ↗

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¶ 15. Next plaintiffs contend that the court erred in rejecting their claim against defendants Palmer and WCP Construction for "contractor's negligence." The trial court properly rejected the claim, observing that plaintiffs' remedy for the purely economic losses resulting from the reduced value or costs of repairs of the construction defects sounded in contract rather than tort. See Gus' Catering, Inc. v. Menusoft Sys., 171 Vt. 556, 558-59, 762 A.2d 804, 807 (2000) (mem.) (reaffirming principle that negligence law does not generally recognize duty to exercise reasonable care to avoid economic loss, and defining economic loss to include "damages for inadequate value, costs of repair and replacement of the defective product, or consequent loss of profits") (internal quotation omitted); Paquette v. Deere & Co., 168 Vt. 258, 263, 719 A.2d 410, 414 (1998) (rejecting tort claim for allegedly defective motor home and holding that claim for purely economic damages for reduced value of home was actionable in warranty).

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