Donnelly Construction Co. v. Oberg/Hunt/Gilleland

OPINION

JACOBSON, Presiding Judge.

We are asked in this case to reassess whether an architect’s liability in tort for negligent preparation of plans and specifications is limited to those individuals with whom the architect has contractual “privity”. In particular, does a contractor who relies upon those allegedly defective plans in submitting bids to an owner have a cause of action in negligence against the architect?

Since this matter was disposed of on a motion to dismiss for failure to state a claim for relief, the pleadings determine the facts. Appellant, Donnelly Construction Company…