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A.C. Excavating v. Yacht Club II Homeowners Association6/27/2005
he subcontractors to the Homeowners' Association.
II. Conclusion
Because our cases do not create an exception to the economic loss doctrine on behalf of homebuyers against subcontractors; and because the circumstances do not give rise to the creation of a new independent duty of care by subcontractors, I respectfully disagree with the majority's assertion to the contrary. I would reverse the court of appeals' decision and remand with instructions to reinstate the dismissal of the plaintiff's suit.
I am authorized to state that JUSTICE COATS joins in the dissent.
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