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In Suit 1, Homeowner sued Builder for water damage. After trial, the court entered judgment for Builder on two independent grounds: first, that Builder was not negligent; and second, that Homeowner's claim was barred by the statute of limitations. The judgment would have been the same under either ground, and Homeowner did not appeal.
In Suit 2, Neighbor sues Builder for similar water damage from the same construction method at a different house. Neighbor seeks to prevent Builder from relitigating whether the construction method was negligent, relying on the finding in Suit 1 that Builder was not negligent. Builder argues that the negligence finding was not essential because the limitations ground independently supported the judgment.
Should Builder be issue-precluded from relitigating negligence? Discuss.