Contracts-Negligence

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WI Court of Appeals – District III

Case Name: TJ Prop, LLC v. Tim Mueller Mason Contractor, LLC

Case No.: 2022AP000514

Officials: Gill, J.

Focus: Contracts-Negligence

TJ Prop, LLC, entered into separate contracts with various entities for the construction of a custom-built house. Ultimately, TJ Prop sued all but one of those entities, claiming, among other things, that they did not use the correct house wrap as required by the contracts and that this failure caused water to seep into the house and behind the walls over a period of several years. Specifically, TJ Prop alleged negligence claims against Tim Mueller Mason Contractor, LLC (Mueller), Crivitz Lumber, LLC (Crivitz), and the Estate of Jeffry Zahorik (d/b/a Jeffry Z Construction) (Jeffry Z); breach of contract and warranty claims against Mueller and Jeffry Z; and misrepresentation and fraud claims against Crivitz.

Jeffry Z and Crivitz filed separate motions to dismiss, arguing that TJ Prop’s tort claims were barred by the economic loss doctrine. They also asserted that TJ Prop’s contract claims were time barred under the applicable statute of limitations. Alternatively, they argued that the statute of repose barred all of TJ Prop’s claims. Similarly, Mueller moved summary judgment, raising the same legal arguments as Jeffry Z and Crivitz. The circuit court granted all three motions against TJ Prop, concluding that the economic loss doctrine barred the tort claims and that the remaining contract claims were untimely filed.

Affirmed.

Decided 02/27/24

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