In Hawaii, architect liability is generally limited to that which is recoverable by contract. Id. This is called the “economic loss rule”. Id. In City Exp. Inc v Express Partners, 87 Hawaii 466, 469 (1998) the Hawaii Supreme Court discussed this rule as follows:
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 [tort] negligence action may not be maintained.
The Hawaii Supreme Court defined economic loss as “those that pertain solely to the costs relating to the operation and value of the...Read More