Mass. Court Bars Tort Claims Against Siding Manufacturer

WORCESTER, Mass. - The economic loss doctrine prevents a contractor from bringing tort claims against a siding manufacturer to recoup the costs of settling water damage claims, a Massachusetts trial court judge ruled Jan. 31. Pro Con Inc. v. J&B Drywall Inc., et al., No. 032063C (Mass. Super., Worcester Cty.).

Pro Con Inc. of Hooksett, N.H., agreed in 1996 to construct a three-story, 90-unit Courtyard by Marriott hotel in Westborough Mass. Pro Con hired J&B Drywall to install an exterior insulating and finish system (EIFS) manufactured by Parex Inc.

The hotel's owners complained in 2002 that water had penetrated …