Elcon Construction, Inc. v. Eastern Washington University

¶1 This case involves a claim for damages relating to a drilling contract between petitioner Eicon Construction and respondent Eastern Washington University. In the suit, tort and contract claims were alleged by Eicon. 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.1 We hold the economic loss rule has no application under the facts of this case but affirm the Court of Appeals on different grounds.

Facts

f 2…