The developer claimed that its sole obligation was set forth in the lease, which required the developer only to conduct the buildout…it didn't say that the buildout had to be done well.  The appellate court agreed with the developer, holding that the economic loss doctrine barred the tenant's statutory claim for violation of the building code, when the parties' agreement covered their respective obligations.

The Supreme Court of Florida overruled the appellate court.  The supreme court's opinion stated forcefully that a technical legal defense should not trump the Florida legislature's pronouncements on an issue.  Bottom line: if the legislature says there's a claim, there's a claim.

The economic loss rule was primarily intended for use in the product liability arena.  It has been extended into many other areas of commerce over the last ten years by creative defense lawyers, and receptive courts.  In 1999, he Florida Supreme Court reigned the application of the economic loss rule back.