Following the Supreme Court’s recent adoption of the “independent duty rule” (see Eastwood v. Horse Harbor Foundation, Inc., 170 Wn.2d 380, 241 P.3d 1256 (2010) and Affiliated FM Insurance Co. v. LTK Consulting Services, Inc., 170 Wn.2d 442, 243 P.3d 521 (2010)), plaintiffs’ attorneys have been seeking to expand tort-based allegations for economic losses in construction defect litigation. The “lead” opinions from these cases specifically upheld all prior economic loss cases but stated that the blanket application of the economic loss doctrine was improper, and that a more nuanced, case-by-case approach under the independent duty rule was appropriate.