City Express, Inc. v. Express Partners

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that plaintiff may not recover purely economic losses against architect for professional negligence where plaintiff contracted with architect
• noting that economic damages are limited to contractual x-emedies in eases where a party is in px-ivity of contx-aet with a design professional
• holding that “in the context of construction litigation regarding the alleged negligence of design professionals, a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional”
• applying the economic loss doctrine to preclude negligence claims against design professionals based in part on the policy of promoting certainty and predictability in allocating risk so that future business activity is not impeded
• “In general, parties may contract as they wish, and courts will enforce their agreements without passing on their substance[.]”
• “In the context of construction litigation, where a party is in privity of contract with a design professional, economic loss damages are limited to contractual remedies, and a negligence action may not be maintained.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• Moransais v. Heathman
  Supreme Court of Florida· 1999-07-01· cited 149×
• Association of Apartment Owners of Newtown Meadows Ex Rel. Board of Directors v. Venture 15, Inc.
  Hawaii Supreme Court· 2007-07-31· cited 105×
• Zanakis-Pico v. Cutter Dodge, Inc.
  Hawaii Supreme Court· 2002-07-26· cited 79×
• Terracon Consultants Western, Inc. v. Mandalay Resort Group
  Nevada Supreme Court· 2009-03-26· cited 57×
• Maine Rubber International v. Environmental Management Group, Inc.
  D. Maine· 2004-01-05· cited 23×
• Burlington Insurance v. United Coatings Manufacturing Co.
  D. Hawaii· 2007-10-15· cited 18×
• Kona Village Realty, Inc. v. Sunstone Realty Partners, XIV, LLC
  Hawaii Supreme Court· 2010-08-12· cited 11×
• Hawaii Motorsports Investment, Inc. v. Clayton Group Services, Inc.
  D. Hawaii· 2010-02-05· cited 8×
• Leis Family Ltd. Partnership v. Silversword Engineering
  Hawaii Intermediate Court of Appeals· 2012-02-16· cited 5×
• Keahole Point Fish LLC v. Skretting Canada Inc.
  D. Hawaii· 2013-09-04· cited 5×
• Maine Rubber International v. Environmental Management Group, Inc.
  D. Maine· 2003-12-18· cited 3×
• Barranco v. 3D Sys. Corp.
  D. Hawaii· 2018-03-30· cited 2×
• Jaz, Inc. v. Foley
  Hawaii Intermediate Court of Appeals· 2004-02-03· cited 1×
• Leone v. County of Maui.
  Hawaii Supreme Court· 2017-10-16
• Kalawahine v. Hawaiian Homes Commission
  Hawaii Intermediate Court of Appeals· 2015-12-22
• Commercial Painting Company, Inc. v. The Weitz Company, LLC (Dissent)
  Tennessee Supreme Court· 2023-09-28
• Cowan v. Exclusive Resorts PBL1, LLC. ICA Order Approving the January 19, 2023 Stipulation to Dismiss With Prejudice Plaintiffs-Appellants/Cross-Appellees Umang P. Gupta and Ruth M. Gupta, as Trustees of the Umang and Ruth Gupta Trust Under Trust Agreement Dated January 18, 2000, filed 01/24/2023 [ada]. ICA mem. op., filed 01/27/2023 [ada], 152 Haw. 162. Application for Writ of Certiorari, filed 05/20/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 07/16/2024 [ada].
  Hawaii Supreme Court· 2025-08-14

Cites

4 cases in this archive are cited by this case.

• Berschauer/Phillips Construction Co. v. Seattle School District No. 1
  Washington Supreme Court· 1994-10-06· cited 208×
• American Towers Owners Ass'n v. CCI Mechanical, Inc.
  Utah Supreme Court· 1996-12-20· cited 115×
• State Ex Rel. Bronster v. United States Steel Corp.
  Hawaii Supreme Court· 1996-06-24· cited 101×
• Rissler & McMurry Co. v. Sheridan Area Water Supply Joint Powers Board
  Wyoming Supreme Court· 1996-12-20· cited 33×