Barry and Sandra Erlich hired Menezes to build their dream house on an ocean-view lot in California. They moved into the house in December 1990.
Two months later, in the rainy season, "the house leaked from every conceivable location." Walls were so saturated that the plaster fell off, most windows leaked, and there was three inches of water in the living room. Despite various repair efforts by Menezes, water continued to leak in all parts of the house. Another contractor and an engineer found serious defects in the roof, walls, windows, and waterproofing, as well as structural problems with the walls, roof, and foundation. The Erlichs sued Menezes and testified that the problems with their house made them sick. Barry Erlich said that the distress worsened his heart condition, forcing him to resign from his job. Sandra was afraid the house might collapse on the family, especially in an earthquake.
Their suit sought recovery on several theories, including breach of contract, fraud negligent misrepresentation, negligent construction, emotional distress, and pain and suffering. Which of their tort and contract claims would seem most likely to stand?