BERSCHAUER/PHILLIPS CONSTRUCTION CO. v. SEATTLE SCH. DIST. NO. 1

No. 60226-3.

124 Wn.2d 816 (1994)

881 P.2d 986

BERSCHAUER/PHILLIPS CONSTRUCTION CO., Appellant, v. SEATTLE SCHOOL DISTRICT NO. 1, Defendant, HARRY LEE CUMMINGS, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

October 6, 1994.


Attorney(s) appearing for the Case

Floyd & Schlemlein, P.S., by Francis S. Floyd, Martin T. Collier, Thomas E. Stanley, and Stephen K. Festor, for appellant.

Lee, Smart, Cook, Martin & Patterson, P.S., Inc., and Michael J. Bond, for respondent Cummings.

Carney Badley Smith & Spellman, P.S., by Stephen L. Nourse and Patrick R. Lamb, for respondent K.M. Maw.

Philip A. Talmadge and Robert G. Nylander (of Talmadge and Cutler) and Charles A. Kimbrough and John D. Matthews (of Kraft, Kimbrough & Ganz), for respondent Pacific Testing Laboratories.


GUY, J.

We granted review to decide whether a general contractor may recover in tort $3.8 million in economic dam-ages for construction delays against an architect, a structural engineer and a project inspector, none of whom were in privity of contract with the general contractor. The Superior Court held the economic loss rule does not allow a general contractor to recover purely economic damages in tort. We affirm.

BACKGROUND

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