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ELCON CONST. v. EASTERN WASHINGTON UNIV.

No. 83690-6.

273 P.3d 965 (2012)

174 Wn.2d 157

ELCON CONSTRUCTION, INC., a Washington Corporation, Petitioner, v. EASTERN WASHINGTON UNIVERSITY, Respondent.

Supreme Court of Washington, En Banc.

Decided March 29, 2012.

Attorney(s) appearing for the Case

Kevin W. Roberts , Robert Allan Dunn , Michael R. Tucker , Dunn & Black PS, Spokane, WA, for Petitioner.

Jarold Phillip Cartwright , Carl Perry Warring , Catherine Hendricks , Office of the Attorney General, Spokane, WA, for Respondent.

Robert H. Crick, Jr. , Robert Crick Law Firm PLLC, Spokane, WA, Amicus Curiae on behalf of Associated General Contractors of Washington, Associated General Contractors Oregon-Columbia Chapter and Inland Northwest AGC.

Stewart Andrew Estes , Keating, Bucklin & McCormack, Inc., P.S., Daniel Joseph Gunter , Shata Ling Stucky , Riddell Williams PS, Seattle, WA, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

C. JOHNSON, J.

¶ 1 This case involves a claim for damages relating to a drilling contract between Petitioner Elcon Construction and Respondent Eastern Washington University. In the suit, tort and contract claims were alleged by Elcon. The contract claims were resolved by arbitration. In dismissing the tort claims, the trial court applied the independent duty rule formerly known as the economic loss rule, which the Court of Appeals similarly applied in affirming...

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