This section contains the nature of the case and procedural background.

Redarowicz (P) purchased a home built by Ohlendorf (D) from the original owners. The house was finished in 1976 and P purchased in 1977. Soon thereafter P discovered that the chimney and the adjoining brick wall were beginning to pull away from the rest of the house. P discovered that the reason for this defect was that the supporting lintel was only 24 inches deep. P also discovered cracks in the basement wall and water leakage in the basement, the roof, and the chimney. P sued D for negligence for recovery of the costs of repair and replacement. The original complaint sought relief on contract, tort, fraud, and implied warranty of habitability.

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