News & Events

News & Events

4.2.2012

Washington Supreme Court: Independent Duty Rule Doesn’t Bar Contractor’s Tort Claims, But Facts Do

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The Washington Supreme Court continues to keep parties to construction contracts guessing about when remedies might be available, other than those set forth in the contract itself.  The issue has been less than clear since the Court’s 2010 ruling in Eastwood v. Horse Harbor Foundation Inc., which replaced the “economic loss rule” — the principle that contracting parties should be limited to their contract remedies when a loss potentially implicates both tort and contract relief — with the “independent duty rule” — the principle that an injury is remediable in tort if it traces back to the breach of a tort duty arising independently of the terms of the contract.

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For more information, please contact the Construction Practice Group at Lane Powell:

206.223.7000 Seattle
503.778.2100 Portland
lanepowellpc@lanepowell.com