Flagstaff Affordable Hous. Ltd. P'ship v. Design Alliance, Inc
In Flagstaff Affordable Hous. Ltd. P'ship v. Design Alliance, Inc., No. 1 CA-CV 07-0743, PP 28, 2009 WL 755285 (Ariz. Ct. App. Mar. 24, 2009), the architect had provided the builder with a plan for an apartment complex that did not comply with federal regulations and, after completing construction, the builder incurred significant additional costs to correct the deficiencies. Id. PP 2-3.
Division One noted the architect's duty "ar[o]se independently of any contract" and, therefore, "the purpose of the economic loss doctrine--maintaining a distinction between tort and contract actions--is not implicated." Id. P 14.
The court also reasoned that application of the economic loss doctrine would "erod[e]" the architect's general duty, as a professional with "special skill and knowledge," to use reasonable care in rendering his or her services. Id. PP 15-16.