Torts – negligent construction — independent contractors

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Wisconsin Court of Appeals

Civil

Torts – negligent construction — independent contractors

Homeowners Dawn Adams and Michael Martin appeal from a judgment dismissing their negligence claim against builder and original seller Westmark Development, LLC and Gregory Gottsacker for an allegedly defective roof. The circuit court ruled that the homeowners had no claim against the builder because the roofing work was done by an independent contractor. The homeowners argue that under the public policy established in Fisher v. Simon, 15 Wis. 2d 207, 112 N.W.2d 705 (1961), the builder is responsible for installation of the roof even if the work was performed by an independent contractor. They also claim that summary judgment was improper because an issue of fact exists as to whether the person who installed the roof was an independent contractor. The builder cross-appeals the issue of whether the homeowners’ negligence claim should have been dismissed because of the economic loss doctrine. We conclude that the builder does not have liability for work performed by an independent contractor and we affirm the judgment. We do not address the cross-appeal. This opinion will not be published.

2011AP1293 Adams, et al. v. Westmark Development LLC, et al.

Dist II, Sheboygan County, Bourke, J., Per Curiam

Attorneys: For Appellant: Moir, William W., III, Sheboygan; For Respondent: Cirillo, Corrado, Sheboygan