To Christopher Wright:
Assuming the inadequate design has not caused any damages to other property
or personal injury, the "economic loss doctrine" [ Seely -Aas] applies, i.e.
no claim under a negligence ( tort damages ) theory is allowed.
Whereas in a claim based on warranty ( as in a pure economic loss scenario )
only contractual damages are allowed.
This issue is still unsettled,as it pertains to construction defects cases,
as the decision in Aas is under review.