Corporex Development & Construction Management, Inc. v. Shook, Inc.

106 Ohio St. 3d 412
CourtOhio Supreme Court
DecidedOctober 26, 2005
DocketNo. 2004-0752
StatusPublished
Cited by120 cases

This text of 106 Ohio St. 3d 412 (Corporex Development & Construction Management, Inc. v. Shook, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corporex Development & Construction Management, Inc. v. Shook, Inc., 106 Ohio St. 3d 412 (Ohio 2005).

Opinions

O’Connor, J.

{¶ 1} Today we are called upon to decide whether the economic-loss rule bars a building project owner from recovery of purely economic damages in tort against a subcontractor, based upon breach of contractually created duties. We find that it does.

{¶ 2} In reviewing this case, we are mindful of the fact that appellant Shook’s judgment in the trial court was entered as a judgment on the pleadings under Civ.R. 12(C). Thus, we are required to accept as true all the material allegations of the complaint of appellee Dublin Suites, Inc. (“DSI”), with all the inferences to be drawn therefrom to be construed in DSI’s favor. Whaley v. Franklin Cty. Bd. of Commrs. (2001), 92 Ohio St.3d 574, 581, 752 N.E.2d 267, citing Peterson v. Teodosio (1973), 34 Ohio St.2d 161, 165-166, 63 O.O.2d 262, 297 N.E.2d 113.

{¶ 3} In July 1998, plaintiff-appellee, DSI, contracted with Corporex Constructors, Inc., n.k.a. Corporex Development & Construction Management, Inc., for the construction of a hotel. Corporex, in turn, subcontracted with defendant-appellant, Shook, Inc., for all concrete work related to the hotel. DSI had no direct contract or interaction with Shook, but the subcontract between Corporex and Shook identified DSI as the project owner.

{¶ 4} Following completion of the hotel, DSI and Corporex filed suit against Shook, alleging breach of contract, breach of express warranty, breach of implied warranty, negligence, and failure to perform in a workmanlike manner. DSI and Corporex sought purely economic damages allegedly occasioned by Shook’s failure to perform under the subcontract. The trial court eventually granted Shook judgment on the pleadings on all of DSI’s claims, based upon the economic-loss rule, which generally bars a tort action for purely economic damages. Due to the existence of multiple remaining claims, the trial court granted DSI’s request that it add Civ.R. 54(B) language to the judgment entry. DSI appealed.

{¶ 5} The Tenth District Court of Appeals reinstated DSI’s negligence and implied-warranty claims against Shook, finding that there was a sufficient nexus between DSI and Shook to satisfy the exception to the economic-loss rule outlined in Haddon View Invest. Co. v. Coopers & Lybrand (1982), 70 Ohio St.2d [414]*414154, 24 O.O.3d 268, 436 N.E.2d 212. Shook appealed that judgment, and we accepted jurisdiction to address the scope of the economic-loss rule.1

{¶ 6} The economic-loss rule generally prevents recovery in tort of damages for purely economic loss. See Chemtrol Adhesives, Inc. v. Am. Mfrs. Mut. Ins. Co. (1989), 42 Ohio St.3d 40, 45, 537 N.E.2d 624; Floor Craft Floor Covering, Inc. v. Parma Community Gen. Hosp. Assn. (1990), 54 Ohio St.3d 1, 3, 560 N.E.2d 206. “ ‘[T]he well-established general rule is that a plaintiff who has suffered only economic loss due to another’s negligence has not been injured in a manner which is legally cognizable or compensable.’ ” Chemtrol, 42 Ohio St.3d at 44, 537 N.E.2d 624, quoting Nebraska Innkeepers, Inc. v. Pittsburgh-Des Moines Corp. (Iowa 1984), 345 N.W.2d 124, 126. See, also, Floor Craft, 54 Ohio St.3d at 3, 560 N.E.2d 206. This rule stems from the recognition of a balance between tort law, designed to redress losses suffered by breach of a duty imposed by law to protect societal interests, and contract law, which holds that “parties to a commercial transaction should remain free to govern their own affairs.” Chemtrol, 42 Ohio St.3d at 42, 537 N.E.2d 624. See, also, Floor Craft, 54 Ohio St.3d at 7, 560 N.E.2d 206, quoting Sensenbrenner v. Rust, Orling & Neale Architects, Inc. (1988), 236 Va. 419, 425, 374 S.E.2d 55. “ ‘Tort law is not designed * * * to compensate parties for losses suffered as a result of a breach of duties assumed only by agreement. That type of compensation necessitates an analysis of the damages which were within the contemplation of the parties when framing their agreement. It remains the particular province of the law of contracts.’ ” Floor Craft, 54 Ohio St.3d at 7, 560 N.E.2d 206, quoting Sensenbrenner, 236 Va. at 425, 374 S.E.2d 55.

{¶ 7} DSI argues that the facts of this case fall squarely within an exception to the economic-loss rule outlined in Haddon View, 70 Ohio St.2d 154, 24 O.O.3d 268, 436 N.E.2d 212. In Haddon View, we found that an accountant may be liable for purely economic damages based upon negligent misrepresentation to third parties “when that third party is a member of a limited class whose reliance on the accountant’s representation is specifically foreseen.” Id. at syllabus. Because Shook knew the identity of DSI as the project owner, DSI argues, DSI was a third party whose reliance was specifically foreseeable by Shook, and Shook is therefore liable for purely economic damages in tort.

{¶ 8} Following the reasoning of DSI, any subcontractor could be held liable in tort for purely economic damages to a project owner simply because the subcontractor knew the project owner’s identity. The appellate court was [415]*415stricter and required, at a minimum, some facts implying a sufficient nexus serving as a substitute for privity between the parties. Yet under the rationale of either DSI or the appellate court, any contract limitations upon purely economic damages would be lost. Even if the subcontractor negated liability for those damages by negotiating a clause expressly barring their recovery, the owner could still circumvent the contract and recover those damages in tort.

{¶ 9} DSI misconstrues our holding in Haddon View. In Haddon View, this court discussed the liability of an accountant for professional negligence in accord with 3 Restatement of the Law 2d, Torts (1979), Section 552. Haddon View, 70 Ohio St.2d at 156, 24 O.O.3d 268, 436 N.E.2d 212.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Plus Mgt. Servs., Inc. v. Liberty Healthcare Corp.
2024 Ohio 3127 (Ohio Court of Appeals, 2024)
Pham Construction & Co., L.L.C. v. Tran
2024 Ohio 634 (Ohio Court of Appeals, 2024)
Hellmuth v. Stephens
2023 Ohio 4592 (Ohio Court of Appeals, 2023)
Lucas v. Eclipse Cos., L.L.C.
2023 Ohio 4728 (Ohio Court of Appeals, 2023)
Hoffman v. Atlas Title Solutions, Ltd.
2023 Ohio 1706 (Ohio Court of Appeals, 2023)
Breazeale v. Infrastructure & Dev. Eng., Inc.
2022 Ohio 4601 (Ohio Court of Appeals, 2022)
Motorists Mut. Ins. Co. v. Ironics, Inc. (Slip Opinion)
2022 Ohio 841 (Ohio Supreme Court, 2022)
Elboco Ents. v. Billman
2020 Ohio 4877 (Ohio Court of Appeals, 2020)
Hanamura-Valashinas v. Transitions by Firenza, L.L.C.
2020 Ohio 4888 (Ohio Court of Appeals, 2020)
Santagate v. Pennsylvania Higher Edn. Assistance Agency
2020 Ohio 3153 (Ohio Court of Appeals, 2020)
Motorists Mut. Ins. Co. v. Ironics, Inc.
2020 Ohio 137 (Ohio Court of Appeals, 2020)
Ventech Solutions, Inc. v. Ohio Atty. Gen.
2020 Ohio 476 (Ohio Court of Claims, 2020)
Ohio Atty. Gen. v. Ventech Solutions, Inc.
2020 Ohio 477 (Ohio Court of Claims, 2020)
JDH Mgt. Group, L.L.C. v. Pierce
2018 Ohio 706 (Ohio Court of Appeals, 2018)
Fed. Natl. Mtge. Assn. v. Brown
2017 Ohio 9237 (Ohio Court of Appeals, 2017)
B&J Resources, L.L.C. v. 28925 Lorain Inc.
2017 Ohio 7248 (Ohio Court of Appeals, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
106 Ohio St. 3d 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corporex-development-construction-management-inc-v-shook-inc-ohio-2005.