CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-06                                         Bill No. HB 775

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Lacasa offered the following:

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13         Amendment (with title amendment) 

14         On page 4, line 19, of the bill

15

16  insert:

17         Section 1.  (1)  DEFINITIONS.--For purposes of this

18  act:

19         (a)  "Economic loss" means damages for inadequate

20  value, costs of repair and replacement of a defective product,

21  or consequent loss of profits, without any claim of personal

22  injury or damage to other property, and includes the

23  diminution in the value of a product that is inferior in

24  quality and does not work for the general purposes for which

25  the product was manufactured and sold.

26         (b)  "Fraud in the inducement" means activity occurring

27  prior to entering into a contract in which a party is

28  precluded from being able to freely negotiate.

29         (c)  "Other property" means property outside the scope

30  of a contract.

31         (2)  ECONOMIC LOSS RULE.--Parties to a contract cannot

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    File original & 9 copies    03/08/99
    hbd0002                     02:28 pm         00775-0117-881211




                                                   HOUSE AMENDMENT

    hbd-06                                         Bill No. HB 775

    Amendment No.     (for drafter's use only)





 1  recover tort damages for solely economic losses in the absence

 2  of personal injury or damage to other property. Parties to a

 3  contract are limited to contract remedies.

 4         (3)  LIMITATIONS.--The economic loss rule operates as a

 5  bar to tort recovery only if the parties are in privity. No

 6  suit shall lie in tort for negligence if damages are solely

 7  economic. The economic loss rule bars causes of action based

 8  solely on fraud related to a contract. A construction

 9  contractor is barred from bringing any tort claim for a

10  situation in which the contractor suffers solely economic

11  loss, regardless of whether the contractor is in privity of

12  contract. The contractor's only remedy is under the contract

13  and warranty.

14         (4)  EXCEPTIONS.--A party may sue to recover economic

15  damages in tort as long as such damages are a direct result

16  of, and connected to, bodily harm or injury to other property.

17  A party may sue in tort if the economic loss is connected with

18  a contract but the intentional negligent act occurs

19  independent from the contract breach. An action based upon

20  fraud in the inducement is not barred by the economic loss

21  rule.  Fraud in the inducement creates an independent cause of

22  action in tort.  However, if the fraud arises from the

23  performance of the contract, the only cause of action is under

24  the contract or warranty.

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26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 1, line 2, after the semicolon

30

31  insert:

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    File original & 9 copies    03/08/99
    hbd0002                     02:28 pm         00775-0117-881211




                                                   HOUSE AMENDMENT

    hbd-06                                         Bill No. HB 775

    Amendment No.     (for drafter's use only)





 1         providing definitions; prohibiting recovery of

 2         tort damages for solely economic losses;

 3         providing limitations; providing exceptions;

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    File original & 9 copies    03/08/99
    hbd0002                     02:28 pm         00775-0117-881211