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Keywords

contracttortplaintiffdefendantdamagestrialmotionsummary judgmentduty of caremotion for summary judgment

contracttortplaintiffdefendantdamagesmotionsummary judgmentduty of caremotion for summary judgment

Related Cases

Detweiler Bros., Inc. v. John Graham & Co., 412 F.Supp. 416

Facts

The plaintiff, a mechanical subcontractor, was contracted to install steam pipes in a multi-purpose coliseum for Washington State University. The defendant, an architectural firm, was responsible for the design and supervision of the installation. The subcontractor claimed that the architectural firm approved a submittal for grooved piping but later ordered a change to welded piping, resulting in significant damages. The parties acknowledged that there was no direct contractual relationship between them.

Plaintiff is a mechanical subcontractor who contracted via the general contractor to install a system of steam pipes in a multi-purpose coliseum for Washington State University at Pullman, Washington. Defendant is an architectural firm that contracted with the University to design, inspect and to a limited extent, supervise the installation of the Coliseum's steam pipe system.

Issue

Whether the subcontractor could maintain a tort claim against the architectural firm despite the absence of privity of contract.

Rule

A tort claim may be maintained against an architect by a contractor even in the absence of privity of contract, provided the contractor can establish the existence of a duty and a breach of that duty resulting in damages.

However, the absence of contractual privity between plaintiff and defendant does not affect plaintiff's tort claim, provided plaintiff can establish the existence of a duty between the parties, and defendant's breach of such duty, with the proximate result that plaintiff suffered the damages of which it complains.

Analysis

The court analyzed the relationship between the subcontractor and the architectural firm, noting that while there was no privity of contract, the subcontractor could still pursue a tort claim if it could demonstrate that the architectural firm owed a duty of care and breached that duty. The court found that material facts regarding the existence of such a duty and the breach thereof were in dispute, thus precluding summary judgment.

Conclusion

The court denied the defendant's motion for summary judgment, allowing the subcontractor's tort claim to proceed to trial based on the potential existence of a duty and breach.

Motion for summary judgment denied; motion for protective order granted in part.

Who won?

The plaintiff, as the court denied the defendant's motion for summary judgment, allowing the case to proceed.

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Keywords

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