Eastwood v. Horse Harbor Foundation, Inc., 241 P.3d 1256 (2010)

Citation: Eastwood v. Horse Harbor Foundation, Inc., 241 P.3d 1256 (2010)
Parent Document: Eastwood v. Horse Harbor Foundation, Inc., 241 P.3d 1256 (2010)
Jurisdiction: Washington (state)
Effective Date: 2010-11-04
Original Source: https://www.courtlistener.com/opinion/2372386/eastwood-v-horse-harbor-foundation-inc/ ↗

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Id. at 420-21, 745 P.2d 1284. Further, we cautioned that in applying the economic loss doctrine "the determinative factor should not be the items for which damages are sought, such as repair costs." Id. at 420, 745 P.2d 1284. We reasoned, if the plaintiffs were allowed to sue for negligent construction rather than only breach of contract, the builder-vendors in Washington would "become the guarantors of the complete satisfaction of future purchasers." Id. at 421, 745 P.2d 1284. We found this was troubling, among other things, because builders and buyers could not allocate the risk of faulty construction or meaningfully settle a dispute arising from a specific known defect. A subsequent purchaser, even knowing of the defect and benefiting from an initially low purchase price could buy a defective condominium at a reduced price and yet still sue the builder-vendor for negligent construction. Id. at 421-22, 745 P.2d 1284. We did not think that recognizing a tort remedy that would encompass such claims was necessary. Id. at 420, 745 P.2d 1284. We held that the owners could not recover in tort for deterioration to the decks themselves, and we grounded our decision *1274 on policy considerations. Id. at 421, 745 P.2d 1284.

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