Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc.
Florida Supreme Court
620 So. 2d 1244 (Fla. 1993)
Toppino (defendant), a concrete supplier, provided high-salt concrete for condominium construction that caused embedded reinforcing steel to rust and the concrete itself to crack and break off; the Condo Association (plaintiff), representing the homeowners, sued Toppino, with whom it had no direct contract, for breach of implied warranty, products liability, negligence, and building-code violations, alleging damage from the deteriorating concrete. The circuit court dismissed all claims, an intermediate court affirmed on the ground no person was physically injured and suppliers owed no building-code duty, and the Condo Association appealed further.
Whether a homeowner plaintiff without a contractual relationship with the defendant may recover in tort for purely economic losses caused by defective building materials.