Berschauer Phillips Constr. Co. v. Seattle Sch. Dist. No. 1
In Berschauer Phillips Constr. Co. v. Seattle Sch. Dist. No. 1, 124 Wn.2d 816, 881 P.2d 986, 992 (Wash. 1994), the Supreme Court of Washington granted review to decide whether a general contractor may recover in tort, $3.8 million in economic damages for construction delays against an architect, a structural engineer, and a project inspector, none of whom were in privity of contract with the general contractor. Berschauer/Phillips Constr. Co., 881 P.2d at 988.
Even though there was no actual privity among the parties, the court stated "we hold parties to their contracts," and applied the economic loss rule to bar the general contractor's recovery in tort of purely economic damages. Id. at 992-93.