David v. Hett

The opinion of the court was delivered by

Biles, J.:

This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability *680actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners’ negligence theories. But we hold the doctrine should not apply. Our existing caselaw establishes that homeowners’ claims against residential contractors may be asserted in tort, contract, or both, depending on the…