Grynberg v. Agri Tech, Inc., 10 P.3d 1267 (Colo. 2000). · Go Syfert
Grynberg v. Agri Tech, Inc., 10 P.3d 1267 (Colo. 2000). Cases Citing This Book View Copy Cite
125 citation events (124 in the last 25 years) across 16 distinct courts.
Strongest positive: McAuliffe v. Vail Corporation, The (cod, 2021-10-15)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) McAuliffe v. Vail Corporation, The (2×) also: Cited as authority (rule)
D. Colo. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an action to recover damages for the loss of a bargain is the exclusive province of contract law.
discussed Cited as authority (verbatim quote) Engeman Enterprises, LLC v. Tolin Mechanical Systems Co. (2×) also: Cited as authority (rule)
Colo. Ct. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
the proper focus in an analysis under the economic loss rule is on the source of the duties alleged to have been breached.
discussed Cited as authority (rule) Healthcare Co Ltd v. MPI Group LLC
D. Utah · 2025 · confidence medium
Corp., 230 P.3d at 1006 . 78 Hermansen v. Tasulis, 2002 UT 52, ¶ 17 , 48 P.3d 235, 240 (adopting the economic loss rule set forth in Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000)). 79 Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LC, 2009 UT 65, ¶ 46 , 221 P.3d 234, 248 . 80 Grynberg, 10 P.3d at 1269 . 81 See Hermansen, 48 P.3d 240 . 82 See, e.g., Parr v. Triple L & J Corp., 107 P.3d 1104 , 1108–09 (Colo. App. 2004); Former TCHR, LLC v. First Hand Mgmt.
discussed Cited as authority (rule) Waterloo Real Estate v. Country Home Products
Vt. Super. Ct. · 2025 · confidence medium
“The underlying analysis turns on whether there is a ‘duty of care independent of any contractual obligations.’ ” Id. (quoting Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000)) (emphasis in original); see also Walsh, 2015 VT 2, ¶ 27 (“The determining factor in deciding whether to apply the economic-loss rule is not whether privity exists but rather whether there is ‘a duty separate and apart from a contractual duty.’ ”) (quoting Long Trail House Condo.
discussed Cited as authority (rule) Veolia Water v. Antero
Colo. Ct. App. · 2024 · confidence medium
The supreme court explained that this outcome was supported by three overarching policy considerations behind the economic loss rule: (1) to maintain a distinction between contract and tort law; (2) to enforce expectancy interests of the parties so that they can reliably allocate risks and costs during their bargaining; and (3) to encourage the parties to build the cost considerations into the contract because they will not be able to recover economic damages in tort. 39 Id. ¶ 83 In determining whether a duty in tort is independent of a contractual duty, the court should look to three factors…
discussed Cited as authority (rule) Bedore v. Nationstar Mortgage LLC
D. Colo. · 2024 · confidence medium
In Colorado, “a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000).
discussed Cited as authority (rule) Commercial Painting Company, Inc. v. The Weitz Company, LLC (Dissent)
Tenn. · 2023 · confidence medium
See, e.g., Hermansen v. Tasulis, 48 P.3d 235, 240 (Utah 2002) (“[T]he initial inquiry in cases where the line between contract and tort blurs is whether a duty exists independent of any contractual obligations between the parties.”); Town of Alma, 10 P.3d at 1262 (explaining that a tort action premised on breach of a duty that arises independently of the parties’ contractual duties remains viable); Springfield Hydroelectric Co., 779 A.2d at 71 (“The underlying analysis turns on whether there is ‘a duty of care independent of any contractual obligations.’” (quoting Grynberg v. Agr…
discussed Cited as authority (rule) BMF Advance v. Litiscape
D. Utah · 2022 · confidence medium
Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000)). 116 Id. at ¶ 17. 117 Id. (quoting Town of Alma v. Azco Constr., Inc., 10 P.3d 1256, 1263 (Colo. 2000)). plaintiff, a stranger to the contract, asserting tort claims against parties to a contract (such as a homeowners association asserting claims against the developer and builder).118 This situation is the inverse.
discussed Cited as authority (rule) McNees v. Ocwen Loan Servicing
10th Cir. · 2021 · confidence medium
In Colorado, “a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000).
discussed Cited as authority (rule) y Centerra v. Poag & McEwen (2×) also: Cited "see, e.g."
Colo. Ct. App. · 2021 · confidence medium
See Town of Alma, 10 P.3d at 1264-65 (negligence); BRW, Inc. v. Dufficy & Sons, Inc., 99 P.3d 66, 67-68 (Colo. 2004) (negligence and negligent misrepresentation); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1268 (Colo. 2000) (negligence). ¶ 73 This same principle, however, works in the opposite direction when it comes to common law intentional torts.
discussed Cited as authority (rule) Swan Global Investments, LLC v. Young
D. Colo. · 2020 · confidence medium
In order for a “duty to be ‘independent’ of a contract, and thus actionable in tort notwithstanding the economic-loss rule,” the duty must (1) “arise from a source other than the relevant contract,” and (2) “the duty must not be a duty also imposed by the contract.” Haynes, 573 F.3d at 962 (citing Town of Alma v. AZCO Const., Inc., 10 P.3d 1256, 1263 (Colo. 2000); BRW, Inc. v. Dufficy & Sons, Inc., 99 P.3d 66, 74 (Colo. 2004); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1270 (Colo. 2000)).
discussed Cited as authority (rule) Bermel v. BlueRadios, Inc.
Colo. · 2019 · confidence medium
Owners Ass’n, Inc., 2017 CO 38, ¶ 20 , 393 P.3d 978, 983 , we note that the economic loss rule generally should not be available to shield intentional tortfeasors from liability for misconduct that happens also to breach a contractual obligation. 10 subcontractor against engineering firm and inspector); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1268 (Colo. 2000) (holding that economic loss rule barred negligence claim brought by investors against investment program administrators). ¶22 Indeed, even our cases holding that the rule did not bar tort liability dealt only with this narrow set …
discussed Cited as authority (rule) Selco Community Credit Union v. Noodles & Co.
D. Colo. · 2017 · confidence medium
Plaintiffs here seek; both monetary, and injunctive relief; they cite no support for the existence of specific common law or statutory duties. of. care related to data security; and, most important of all, these duties are “created by, and completely contained in, the contractual provisions.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1270 (Colo. 2000).
discussed Cited as authority (rule) Axis Oilfield Rentals, LLC v. Mining, Rock, Excavation & Construction, LLC (2×) also: Cited "see"
E.D. La. · 2016 · confidence medium
Doc. 61-1 at 14.) Colorado courts have adopted the “economic loss rule,” which provides that “a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.” Town of Alma v. AZCO Constr., Inc., 10 P.3d 1256, 1264 (Colo. 2000); Grynberg v. Agri Tech., Inc., 10 P.3d 1267, 1269 (Colo. 2000).
discussed Cited as authority (rule) Walsh v. Cluba and Good Stuff, Inc. (2×)
Vt. · 2015 · confidence medium
As we have previously recognized, “[t]he underlying analysis turns on whether there is ‘a duty of care independent of any contractual obligations.’ ” 5 Springfield Hydroelectric, 172 Vt. at 316, 779 A.2d at 71 (quoting Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000)). 6 ¶ 38.
discussed Cited as authority (rule) S K Peightal Engineers, Ltd. v. Mid Valley Real Estate Solutions V, LLC (2×) also: Cited "see"
Colo. · 2015 · confidence medium
Rather, as we implied in Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269-71 (Colo. 2000), while thoroughly analyzing the economic loss rule's compatibility with our previous case law, there are actually two types of independent duties of care that can render the economic loss rule inapplicable. ¶ 20 First, any general tort duty is independent of contractual duties if the contract contains no duties or the allegedly breached tort duty is beyond the seope of the duties contained within the contract at issue.
discussed Cited as authority (rule) Langlois v. Town of Proctor
Vt. · 2014 · confidence medium
The Town relies on a sentence from Springfield Hydroelectric Co. v. Copp, in which this Court stated that a tort duty of care must be ‘“independent of any contractual obligations.’” 172 Vt. 311, 316 , 779 A.2d 67, 71-72 (2001) (emphasis omitted) (quoting Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000)).
cited Cited as authority (rule) Salt Lake City Corp. v. Erm-West, Inc.
D. Utah · 2013 · confidence medium
Id. at 73 (citing Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000)). .
cited Cited as authority (rule) Casey v. Colorado Higher Education Insurance Benefits Alliance Trust
Colo. Ct. App. · 2012 · confidence medium
Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000).
discussed Cited as authority (rule) BC Technical, Inc. v. Ensil International Corp.
10th Cir. · 2012 · confidence medium
Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000)) (adopting Colorado’s source of duty rule). 16 If the claim is not within the contract’s allocation of risks, but instead arises from an independent duty, the economic loss rule will not apply.
discussed Cited as authority (rule) MAKOTO USA, INC. v. Russell
Colo. Ct. App. · 2009 · signal: cf. · confidence medium
Tricon Kent Co. v. Lafarge North America, Inc., 186 P.3d 155, 159 (Colo.App.2008); cf. Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269-71 (Colo.2000) (independently conducting legal analysis in concluding that economic loss rule should have barred tort claim from being submitted to jury); Andrews v. Picard, 199 P.3d 6, 10 (Colo.App.2007) (reviewing de novo the grant of directed verdict based on economic loss rule but viewing facts in the light most favorable to the nonmoving party).
discussed Cited as authority (rule) Hamon Contractors, Inc. v. Carter & Burgess, Inc. (2×) also: Cited "see"
Colo. Ct. App. · 2009 · confidence medium
Excavating, 114 P.3d at 865 ; BRW, 99 P.3d at 72 ; Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000); see also United States Fire Ins.
cited Cited as authority (rule) Haynes Trane Service Agency, Inc. v. American Standard, Inc.
10th Cir. · 2009 · confidence medium
See BRW, Inc. v. Dufficy & Sons, Inc., 99 P.3d 66, 74 (Colo.2004); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1270 (Colo.2000).
cited Cited as authority (rule) Haynes Trane Service Agency, Inc. v. American Standard, Inc.
10th Cir. · 2009 · confidence medium
See BRW, Inc. v. Dufficy & Sons, Inc., 99 P.3d 66, 74 (Colo.2004); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1270 (Colo.2000).
discussed Cited as authority (rule) Level 3 Communications, LLC v. Liebert Corp.
10th Cir. · 2008 · confidence medium
Accordingly, under Colorado law, the “proper focus in an analysis under the economic loss rule is on the source of the duties alleged to have been breached.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000).
cited Cited as authority (rule) United States Fire Insurance Co. v. Sonitrol Management Corp.
Colo. Ct. App. · 2008 · confidence medium
"The proper focus in an analysis under the economic loss rule is on the source of the duties alleged to be breached." Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000).
examined Cited as authority (rule) SMI Owen Steel Co., Inc. v. Marsh USA, Inc. (3×) also: Cited "see"
5th Cir. · 2008 · confidence medium
We also agree with the Colorado Supreme Court’s conclusion that “a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.” Grynberg, 10 P.3d at 1269 (emphasis added).
examined Cited as authority (rule) Gulfstream Aerospace Services Corp. v. United States Aviation Underwriters, Inc. (5×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2006 · confidence medium
Under that rule, “a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.” (Emphasis omitted.) Id., quoting Grynberg v. Agri Tech, Inc., 10 P3d 1267, 1269 (Colo. 2000).
discussed Cited as authority (rule) Pavlovich v. National City Bank
6th Cir. · 2006 · confidence medium
Fla. 1996) (applying the economic-loss rule to a securities case); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269-70 (Colo. 2000) (en banc) (losses from cattle investment program were purely 4 A bank may also avoid responsibility for improper transfers if the transfer is “verified” pursuant to a statutory provision not applicable here.
discussed Cited as authority (rule) Pavlovich v. National City Bank
6th Cir. · 2006 · confidence medium
Fla. 1996) (applying the economic-loss rule to a securities case); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269-70 (Colo. 2000) (en banc) (losses from cattle investment program were purely economic losses); Calcagno v. Personalcare Health Mgmt., Inc., 565 N.E.2d 1330, 1339 (Ill.
discussed Cited as authority (rule) In Re Qwest Communications International, Inc. Securities Litigation
D. Colo. · 2005 · confidence medium
The Colorado Supreme Court has said that “a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (2000).
discussed Cited as authority (rule) Banknorth, N.A. v. BJ's Wholesale Club, Inc.
D. Me. · 2005 · confidence medium
Co. of North America v. American Aviation, Inc., 891 So.2d 532, 537 (Fla.2004); Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000), other states apply the doctrine widely, barring all claims in tort that fail to allege either personal injury or property damage.
cited Cited as authority (rule) A.C. Excavating v. Yacht Club II Homeowners Ass'n
Colo. · 2005 · confidence medium
Town of Alma, 10 P.3d at 1259 ; Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000).
cited Cited as authority (rule) Hafen v. Strebeck
D. Utah · 2004 · confidence medium
Inc., 10 P.3d 1267, 1269 (Colo.2000), which states: “The proper focus in an analysis under the economic loss rule is on the source of the duties alleged to have been breached.
discussed Cited as authority (rule) BRW, Inc. v. Dufficy & Sons, Inc. (2×) also: Cited "see"
Colo. · 2004 · confidence medium
Grynberg, 10 P.3d at 1269 (holding that the duty of care was contained in contractual provisions). (@rymnberg recognized three factors that aid in determining the source of the duty at issue: (1) whether the relief sought in negligence is the same as the contractual relief; (2) whether there is a recognized common law duty of care in negligence; and (8) whether the negligence duty differs in any way from the contractual duty.
discussed Cited as authority (rule) Boehme v. United States Postal Service
10th Cir. · 2003 · confidence medium
The Colorado Supreme Court’s “formulation of the economic loss rule is that a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such breach absent an independent duty of care under tort law.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo.2000) (en banc).
discussed Cited as authority (rule) Wentworth v. Crawford and Co.
Vt. · 2002 · confidence medium
“The underlying analysis turns on whether there is ‘a duty of care independent of any contractual obligations.’ ” Id. at 316 , 779 A.2d at 71 (quoting Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000)) (emphasis in original).
cited Cited as authority (rule) Hermansen v. Tasulis
Utah · 2002 · confidence medium
Grynberg, 10 P.3d at 1269 (emphasis added).
discussed Cited as authority (rule) Springfield Hydroelectric Co. v. Copp (2×) also: Cited "see, e.g."
Vt. · 2001 · confidence medium
One court delineated the current application of the economic loss rule, stating, “[although its initial development was in direct response to the emergence of strict liability in tort theories, its application is now much broader as it serves today to maintain the boundary between contract law and tort law.” Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000); see also Town of Alma v. AZCO Constr., Inc., 10 P.3d 1256, 1259 (Colo. 2000).
cited Cited "see" Kramer v. Alterra Mountain Company
D. Colo. · 2021 · signal: see · confidence high
See Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1279 (Colo. 2000).
cited Cited "see" Mid Valley Real Estate Solutions V, LLC v. Hepworth-Pawlak Geotechnical, Inc.
Colo. Ct. App. · 2013 · signal: accord · confidence high
Makoto USA, Inc. v. Russell, 250 P.3d 625, 627 (Colo. App.2009); accord Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269-70 (Colo.2000).
discussed Cited "see" Rhino Fund, LLLP v. Hutchins
Colo. Ct. App. · 2009 · signal: see · confidence high
Town of Aima, 10 P.3d at 1264 n. 12 ("[Thhe economic loss rule applies here to prohibit ... duplicate claims under tort and contract theories."); see Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1270 (Colo.2000) ("[A]Ill of the actions undertaken by [Agri Tech] in the instant case were called for in, and governed by, the contracts between the parties. [Agri Tech] did not provide any services to the Grynbergs that [it was] not already required *1195 to provide by the terms of the contracts.").
discussed Cited "see" URS Group, Inc. v. Tetra Tech FW, Inc.
Colo. Ct. App. · 2008 · signal: see · confidence high
See Grynberg v. Agri Tech, Inc., 10 P.3d 1267, 1269 (Colo. 2000) (under economic loss rule, "a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law").
discussed Cited "see" Phillips v. Watkins
Colo. Ct. App. · 2007 · signal: see · confidence high
See Grynberg v. Agri Tech, Inc., 985 P.2d 59, 64 (Colo.App.1999), aff'd, 10 P.3d 1267 (Colo.2000); Frost v. Schroeder & Co., 876 P.2d 126, 129 (Colo.App.1994); see also C.R.C.P. 54(d) (providing that except when express provision is made in a statute or rule, "costs shall be allowed as of course to the prevailing party unless the court otherwise directs").
discussed Cited "see" West v. Inter-Financial, Inc. (2×) also: Cited "see, e.g."
Utah Ct. App. · 2006 · signal: see · confidence high
See id. at ¶ 16 (citing Grynberg v. Agri Tech, Inc., 10 P.3d 1267 (Colo.2000); Town of Alma v. Azco Constr., Inc., 10 P.3d 1266 (Colo.2000)). 5 ¶ 17 The Hermansen Court further explained that “information is given in the capacity of one in the business of supplying such information, that care and diligence should be exercised which is compatible with the particular business or profession involved.
discussed Cited "see" Micale v. Bank One NA (Chicago)
D. Colo. · 2005 · signal: see · confidence high
See Grynberg v. Agri Tech., Inc., 10 P.3d 1267, 1270 (Colo.2000) (finding no exception to the economic loss rule for “common law duty to design and implement the [plaintiffs’] investment program with the relevant standard of care.”); see generally Paine, Webber, Jackson & Curtis, Inc. v. Adavis, 718 P.2d 508, 517 (Colo.1986) (declining to adopt a rule that a “stockbroker/customer relationship is, per se, fiduciary in nature”).
cited Cited "see" Carder, Inc. v. Cash
Colo. Ct. App. · 2004 · signal: see · confidence high
Town of Alma v. Azco Constr., Inc., 10 P.3d 1256 (Colo.2000); see Grynberg v. Agri Tech, Inc., 10 P.3d 1267 (Colo.2000).
cited Cited "see" Scott v. Art of Optiks Cherry Creek, Inc.
Colo. Ct. App. · 2002 · signal: see · confidence high
See Grynberg v. Agri Tech, Inc., 985 P.2d 59, 64-65 (Colo.App.1999), aff 'd, 10 P.3d 1267 (Colo.2000).
cited Cited "see" Integra Financial, Inc. v. Grynberg Petroleum Co.
Colo. Ct. App. · 2002 · signal: see · confidence high
See Grynberg v. Agri Tech, Inc., 985 P.2d 59 (Colo.App.1999), aff'd, 10 P.3d 1267 (Colo.2000).
discussed Cited "see, e.g." Green v. US Anesthesia
Colo. Ct. App. · 2026 · signal: see also · confidence low
USA, 2019 COA 44, ¶ 56 ; see also Anderson v. Pursell, 244 P.3d 1188, 1194 (Colo. 2010) (recognizing that “the trial court is in the best position to observe the course of the litigation and to determine which party ultimately prevailed”). ¶ 97 In making a prevailing party determination, a trial court “should examine the overall context of the case and should consider where in the case the parties spent the majority of their time and resources.” Anderson, 244 P.3d at 1194 (citation omitted). “[T]he number of claims upon which a party prevails and the amount awarded for such claims …
Retrieving the full opinion text from the archive…
Jack J. GRYNBERG Celeste C. Grynberg Rachel S. Grynberg Stephen M. Grynberg and Miriam Z. Grynberg
v.
AGRI TECH, INC., a Colorado corporation Morgan County Feeders, Inc., a Colorado corporation A T Cattle Co. Ltd., a Colorado limited partnership Gary A. Weisbart Simon Chilewich and Chilewich Sons & Co., a New York partnership
No. 99SC399.
Supreme Court of Colorado.
Sep 18, 2000.
10 P.3d 1267
2000 Colo. LEXIS 1094
2000 WL 1336228
Reiman & Bayaz, P.C., Jeff Reiman, Marcie Bayaz, Debra Asimus, Denver, Colorado, Attorneys for Petitioners., Cage & North, P.C., Jack Berryhill, Rita J. Bonessa, Denver, Colorado, Attorneys for Respondents., Walter H. Sargent, A Professional Corporation, Walter H. Sargent, Colorado Springs, Colorado, Attorney for Amicus Curiae Colorado Trial Lawyers Association., Isaacson, Rosenbaum, Woods & Levy, «P.C., Frederick B. Skillern, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.
Does, Rice.
Cited by 79 opinions  |  Published
Justice RICE

delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' judgment in Grynberg v. Agri Tech, Inc., 985 P.2d 59 (Colo.App.1999). Petitioners (collectively "Grynbergs") filed suit against Respondents, asserting a number of contract and tort claims arising out of a cattle investment program. The Grynbergs alleged that the investment program was designed and run improperly, causing them to receive less than a specified rate of return on their investment. After a trial, the jury found in favor of the Grynbergs on a breach of fiduciary duty claim and also on a negligence claim. Although they awarded no damages on the breach of fiduciary duty claim, the jury awarded $600,000 on the negligence claim. The court of appeals reversed the judgment on the negligence claim, holding that the economic loss rule barred the assertion of the claim. Upon review, we affirm the judgment of the court of appeals.

FACTS AND PROCEDURAL HISTORY

In 1985, the Grynbergs invested in a cattle program administered by Respondents. Respondent Agri Tech, Inc. ("Agri Tech") was in the business of feeding cattle owned by its customers. Respondent A T Cattle Company, was an affiliate of Agri Tech, which was in the business of importing eattle from Mexico for Agri Tech and its customers. Respondent Morgan County Feeders was also an affiliate of Agri Tech, whose business was to lend money to Agri Tech's customers to cover the cost of purchasing, caring for, and feeding the cattle (Agri Tech did not require its customers to use the services of Morgan County Feeders).

Beginning in 1985, and continuing for five years, the Grynbergs invested approximately $95 million in 185,000 cattle using the services of Agri Tech and its affiliates. At the beginning of the relationship, the parties were operating without a written contract.[1] In 1987, the parties reduced their relationship to writing. The Grynbergs each signed custom feeding agreements with Agri Tech which provided that Agri Tech would "accept and care for cattle belonging to [the Gryn-bergs] in accordance with the customary standards of care, responsibility, and good animal husbandry." (Custom Feeding Agreement 1 4.)

Over the course of the five year period, the Grynbergs became displeased with their investment returns. The Grynbergs ultimately sued Respondents, asserting both contract[*1269] and tort claims. At trial, five claims were submitted to the jury: breach of fiduciary duty, fraud, conspiracy, breach of contract, and negligence. The jury found in favor of the Grynbergs on their negligence claim and their breach of fiduciary duty claim. However, the jury awarded damages for the negligence claim only. The damage award of $600,000 was subsequently reduced by the trial court to $360,000 to account for the jury's finding of the Grynbergs' comparative negligence. The jury found in favor of Respondents on all other claims.

Respondents appealed the judgment and the court of appeals reversed the judgment on the negligence claim, finding that the economic loss rule barred the assertion of this claim. The court concluded that Respondents breached no duty independent of their contractual obligations and, thus, the Grynbergs' claim for negligence could not stand.

We granted the Grynbergs' petition for writ of certiorari to review the judgment of the court of appeals.[2]

II. ANALYSIS

The Grynbergs contend that the court of appeals erred in applying the economic loss rule to bar their negligence claim. This case, along with Town of Alma v. AZCO Construction, Inc., 10 P.3d 1256 (Colo. 2000), presents an opportunity for us to address the status of the economic loss rule in Colorado. With our judgment today in Town of Alma and in the instant case, we now expressly adopt the economic loss rule in Colorado. For the reasons stated below, we conclude that it is appropriate to apply the rule in this case to bar the Grynbergs' negligence claim.

A. Economic Loss Rule

As we discussed in Town of Alma, id. at 1259, the economic loss rule emerged largely from the development of products liability jurisprudence. Although its initial development was in direct response to the emer-genee of strict liability in tort theories, its ° application is now much broader as it serves today to maintain the boundary between contract law and tort law. See id.

The proper focus in an analysis under the economic loss rule is on the source of the duties alleged to have been breached. Thus, our formulation of the economic loss rule is that a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.

The Grynbergs rely on several of our cases for the argument that our precedent dictates that they should be allowed to proceed on both negligence and contract theories We engaged in a discussion of three of these cases, Lembke Plumbing and Heating v. Hayutin, 148 Colo. 334, 366 P.2d 673 (1961), Metropolitan Gas Repair Serv., Inc. v. Kulik, 621 P.2d 313 (Colo.1980), and Cosmopolitan Homes, Inc. v. Weller, 663 P.2d 1041 (Colo.1983), in Town of Alma, 10 P.3d at 1265-1266. As we discussed in Town of Alma, our holding in each of these cases followed from our determination that the defendants breached a duty of care independent of any contractual obligations to the plaintiffs.

Our holdings in these cases do not support the Grynbergs' contention that they should be permitted to maintain their negligence claim. Unlike these cases, the Grymbergs have not shown that any duty independent of the oral and written contracts was breached. As the court of appeals noted, the Grynbergs are seeking the same relief in both their contract and negligence claims: damages for the alleged failure of Respondents to properly manage the cattle investment program. The duties allegedly breached by Respondents were created by the contracts. The contracts between the parties imposed a duty of care on Respondents to care for the cattle according to the customary standards of the industry. The feeding agreement between the parties specifically requires Agri Tech to[*1270] care for the Grynbergs' cattle "in accordance with the customary standards of care, responsibility, and good animal husbandry." (Custom Feeding Agreement 14). The duty of care is created by, and completely contained in, the contractual provisions.

Therefore, absent the duties imposed by the contractual relationship between the parties, there is no independent duty of care owed to the Grynbergs by Respondents. The Grynbergs assert that they are relying on Agri Tech's common law duty to design and implement the Grynbergs' investment program with the relevant standard of care. However, they cite no support for the existence of this common law duty of care, nor are we aware of any cases where we have recognized such a duty in this context. Moreover, the Grynbergs fail to explain how a "common law duty" would impose a different duty of care on Respondents than that already provided for by contract. This is a classic example of a case where the plaintiffs are seeking to recover damages for the loss of their bargain with defendants these are pure economic loss damages based on disappointed expectations. An action to recover damages for the loss of a bargain is the exclusive province of contract law. See Detroit Edison Co. v. NABCO, Inc., 35 F.3d 236, 239 (6th Cir.1994) ("The essence of contract law is the bargain: parties of equivalent bargaining power negotiate the terms of the transaction and each is then entitled to the benefit of the bargain.").

The Grynbergs also rely on our decision in Cooley v. Big Horn Harvestore Systems Inc., 813 P.2d 736 (Colo.1991). In Cooley, the plaintiffs were dairy farmers who contracted with Big Horn Harvestore Systems ("Big Horn") to purchase a Harvestore automated grain storage and distribution system for use in their dairy operation. See id. at 738. After the Cooleys began to feed their herd with grain stored in the Harvestore system, the health of the herd began to deteriorate. See id. at 739. Big Horn subsequently undertook to provide the Cooleys with advice and recommendations on various nutritional programs. See id. The health of the herd continued to deteriorate and the Cooleys sued the defendants, asserting both contract and negligence claims. See id. After the Cooleys prevailed on both the contract and negligence claims at trial, Big Horn argued on appeal that the contract provided the exclusive remedy, relying on a contractual provision stating that the express warranty provided in the contract was the exclusive remedy and that the buyer waived all other remedies. See id. at 748. We rejected Big Horn's argument by observing that the exclusive remedy provision applied only to duties that were created by the contract. See id. at 749. We noted that the contract for the purchase of the Harvestore system only required Big Horn to "install a foundation and erect the superstructure" and that the Cooleys' negligence claim was based on "an alleged breach of a separate duty of care arising from Big Horn's conduct in providing advice and recommendations concerning adoption, modification or rejection of nutritional programs." Id. (emphasis added). We expressly found that "Big Horn's responsibilities with regard to the communication of information concerning nutritional programs were mot governed by the purchase agreement." Id. (emphasis added).

Unlike the facts in Cooley, all of the actions undertaken by Respondents in the instant case were called for in, and governed by, the contracts between the parties. Respondents did not provide any services to the Grynbergs that they were not already required to provide by the terms of the contracts. As discussed above, the contracts in this case imposed a duty on Respondents to administer a cattle program by purchasing, caring for, and selling cattle. The contracts explicitly required Respondents to care for the cattle according to the customary standards of the cattle industry. Because Respondents undertook to provide no services outside the seope of their contractual duties, we disagree with the Grynbergs' contention that our decision in Cooley lends support to their argument that they should be permitted to maintain their negligence claim.

We also disagree with the Grynbergs' argument that our decision in Webb v. Dessert Seed Co., 718 P.2d 1057 (Colo.1986), lends support to their negligence claim. In Webb we allowed negligence claims to proceed[*1271] against an onion seed seller when the onions failed to bulb properly, causing them to be unsuitable for sale. See id. at 1059-60. The plaintiffs had no contractual relationship with the defendant; they had purchased the plants from George Webb, who had grown the seeds into small plants after purchasing the seeds from the defendant. See id. We allowed the negligence claims because we determined, based on case law from other jurisdictions, that seed distributors owed a general duty of care to avoid foreseeable harm to users. See id. at 1062. In Webb, we were not concerned with a potential overlap between contract and tort duties the negligence claims were based on the seed distributor's recognized duty of care. As such, we conclude that our decision in Webb is inapplicable to the instant case and lends no support to the Grynbergs' argument.

The Grynbergs also rely on a series of cases in which we have allowed a tort action for purely economic loss in certain special cireumstances. We find these cases inapplicable to the resolution of the issue before us, because in each of these cases we recognized that the nature of the special relationship between the parties created an independent duty of care that supported a tort action even though the parties had entered into a contractual relationship. See Bebo Constr. Co. v. Mattox & O'Brien, P.C., 990 P.2d 78, 83 (Colo.1999)(attorney-client relationship creates independent duty of care); Greenberg v. Perkins, 845 P.2d 530, 534 (Colo.1993)(physi-clan-patient relationship creates independent duty of care, as does physician's independent medical examination of non-patient); Farmers Group, Inc. v. Trimble, 691 P.2d 1138, 1141-42 (Colo.1984)(quasi-fiduciary nature of insurer-insured relationship creates independent duty of care)[3] Because these cases involve special relationships that we have determined automatically trigger independent duties of care, they are inapplicable to the instant case as no equivalent special relationship existed between the parties.[4]

IIH. CONCLUSION

In sum, we hold that the economic loss rule bars the Grynbergs' negligence claim in this case because the Grynbergs have alleged the breach of contractual duties only resulting in purely economic loss. As such, we affirm the judgment of the court of appeals.

Justice KOURLIS does not participate.
1

Testimony indicated that it was common in the industry to transact business without a written contract.

2

We granted certiorari on the following issue:

Whether the court of appeals erred in holding that Petitioners' negligence claim against Respondents could not be maintained because it was based solely on the breach of a contractual duty and involved purely economic damage.
3

In these cases recognizing special relationships, we have been careful to maintain the independent duty distinction between contract and tort actions. See, e.g., Greenberg, 845 P.2d at 533 ("A negligence action will fail therefore if it is based on circumstances for which the law imposes no duty of care upon the defendant for the plaintiff's benefit.").

4

We also are not persuaded by the Grynbergs' reliance on Bayly, Martin & Fay v. Pete's Satire, 739 P.2d 239 (Colo.1987), and Kellogg v. Pizza Oven, Inc., 157 Colo. 295, 402 P.2d 633. In both cases we recognized that an undisputed independent duty of care supported the negligence action. See Bayly, Martin & Fay, 739 P.2d at 243 (''There is no question that an insurance broker or agent who agrees to obtain a particular form of insurance coverage ... has a.legal duty to obtain such coverage or to notify the person of his failure or inability to do so."); Kellogg, 402 P.2d at 634 (Colo.1965)("'It was not disputed that by custom when it is discovered that a building is exceeding the cost limitations it is incumbent upon the architect to tell this fact to the one who is employing him.").