Palm Beach Drywall Parties Spar over Economic Loss Rule, Nuisance Claims

WEST PALM BEACH, Fla. - Homebuilders and plaintiffs in the Palm Beach County Chinese drywall litigation are at odds over whether claims in tort and those for breach of contract may be simultaneously pled under the economic loss rule. Bennett, et al. v. Centerline Homes Inc., et al., No. 502009CA014458 (Fla. Cir. Ct., Palm Beach Cty.).

In a motion filed Sept. 10, homebuilders maintain that claims for economic loss are barred by the doctrine because they arise from transactions governed by purchase contracts that include warranties and other provisions as remedies. They also assert that the drywall plaintiffs' cause of …