SCHUMAN, P.J.

This case arises out of construction defects in plaintiffs' home. Plaintiffs sued Ater Construction Company, LLC (Ater), the builder of the home. Ater, in turn, filed a third-party complaint against a number of its subcontractors and suppliers, including Marvin Windows, Inc. (Marvin), who manufactured the windows used on the home, and Medallion Industries, Inc. (Medallion), the windows distributor. Ater and plaintiffs eventually elected to enter into what is known as a Mary Carter agreement, whereby Ater would remain in the litigation as a defendant but its ultimate liability to plaintiffs would be capped at $100,000. Subsequently, Marvin and Medallion moved for summary judgment on Ater's third-party claims, arguing that, because the Mary Carter agreement extinguished only Ater's liability — and not Marvin's or Medallion's liability — Ater's claims for contribution and indemnity failed as a matter of law. Marvin and Medallion also argued that Ater's negligence claim against them was barred by the economic loss doctrine. The trial court agreed with Marvin's and Medallion's arguments and granted summary judgment. Ater now appeals, and we affirm the judgment of the trial court.

The facts underlying the trial court's summary judgment ruling relate, for the most part, to the procedural history of the case. In 1998, plaintiffs purchased a home that was constructed by Ater. In April 2006, plaintiffs discovered water intrusion and related property damage, which they attributed to construction defects in the home. A few months after discovering those defects, plaintiffs filed an action against Ater for breach of contract and negligence. Shortly thereafter, in December 2006, Ater filed a third-party complaint against a number of the subcontractors and suppliers including Marvin and Medallion, alleging that those parties were at fault and therefore liable to Ater for any damages awarded to plaintiffs. Plaintiffs themselves did not allege claims against Marvin or Medallion.

In August 2007, Ater moved for summary judgment on plaintiffs' claims, arguing that the breach-of-contract claim was barred by the statute of limitations, and that the negligence claims failed because Ater's standard of care was defined by the terms of the construction contract. The trial court granted the motion and entered a limited judgment dismissing plaintiffs' claims against Ater. Plaintiffs then appealed that judgment in June 2008, and Ater's third-party claims against Marvin and Medallion were abated pending the outcome of that appeal.

On appeal, plaintiffs settled with Ater before this court decided their case on the merits. The settlement involved a Mary Carter agreement — that is, a settlement whereby Ater was to remain in the litigation but with limited financial exposure. See generally Grillo v. Burke's Paint Co., 275 Or. 421, 551 P.2d 449 (1976) (describing the origins and validity of Mary Carter agreements). Under the terms of the Mary Carter agreement, Ater promised that its insurer would "loan" plaintiffs $100,000, "$99,000 of which [plaintiffs] have no obligation to repay under any circumstances * * *." The remaining $1000 was "an advance on any verdict rendered against Ater." The agreement also contemplated that, to the extent that plaintiffs recovered more than $400,000 after litigation or settlement with parties other than Ater, then plaintiffs would pay Ater's insurer 10 percent of that excess recovery.

After reaching that settlement, plaintiffs filed a stipulated motion to dismiss their appeal. We granted that motion and remanded the case to the trial court in May 2010. Neither plaintiffs nor Ater requested that we vacate the trial court's limited judgment as part of our dismissal, so our remand left in place that judgment dismissing plaintiffs' claims against Ater.

Once the case was remanded to the trial court, the third-party defendants, Marvin and Medallion, filed motions for summary judgment against Ater. At the outset, they argued that the limited judgment, which was still in effect, barred Ater's claims: "Because plaintiffs' claims have been dismissed and because Ater has no cognizable claims against Marvin or Medallion, the court should now dismiss Ater's third-party claims against Marvin and Medallion in their entirety." In addition to that more generalized contention, Marvin and Medallion advanced claim-specific bases for summary judgment. They argued that Ater's first claim for relief, which alleged negligence on the part of both third-party defendants, was barred by the economic loss doctrine. They also argued that Ater's claims for contribution and indemnity failed as a matter of law because Ater had discharged its own liability by way of the Mary Carter agreement, and not the liability of the third-party defendants.

The trial court conditionally granted the summary judgment motion on the ground that the third-party claims were moot in light of the limited judgment dismissing plaintiffs' underlying claims against Ater, but the court gave Ater 21 days to file a motion to vacate the limited judgment. Confronted with the preclusive effect of the limited judgment, Ater (along with plaintiffs) filed a motion to vacate it, citing the trial court's statutory and inherent authority to vacate its own judgments. Over the objection of Marvin and Medallion, the trial court granted the motion and vacated both the limited judgment and its conditional summary judgment order.1

After an additional round of briefing, the trial court then considered the other arguments raised in Marvin's and Medallion's motion for summary judgment, which the court previously had not reached because of its conclusion that the claims were moot. This time, the court agreed with Marvin and Medallion that Ater's negligence claim alleged purely economic losses and was therefore barred, and that the Mary Carter agreement, which settled plaintiffs' claims against only Ater, precluded any subsequent claims for contribution and indemnity. The court then entered a limited judgment dismissing Ater's third-party claims against Marvin and Medallion in their entirety.2

Ater now appeals that judgment, arguing that the trial court misunderstood the principles of third-party liability. First, Ater argues that, contrary to the court's ruling, a third-party plaintiff is not required to obtain a release or extinguishment of claims against joint tortfeasors before bringing contribution and indemnity claims. Second, Ater argues that its negligence claim was derivative of plaintiffs' claim for property damage and, for that reason, does not allege purely economic loss. Marvin and Medallion respond that the trial court's summary judgment ruling was correct in both respects; moreover, in a cross-assignment of error, they contend that the trial court should not have vacated the underlying limited judgment in favor of Ater, and that the dismissal of the third-party claims can be affirmed on that alternative basis. We affirm the trial court's summary judgment ruling, and therefore do not reach the cross-assignment of error.

We begin with Ater's claims for contribution and indemnity. In its contribution claim, Ater alleges that, "[i]f Ater is found liable to the Plaintiffs or is found liable for any defects in the materials used or work performed by Third-Party Defendants, Ater is entitled to contribution from the Third-Party Defendants pursuant to [ORS 31.800] et seq. and in accordance with each of their proportionate degrees of fault." The statutory source of the claim, ORS 31.800, provides that, "where two or more persons become jointly or severally liable in tort for the same injury to person or property," there exists a right of contribution "in favor of a tortfeasor who has paid more than a proportional share of the common liability." ORS 31.800(1), (2).3 The statute, however, restricts the ability of a settling tortfeasor to obtain contribution from non-settling parties. Under ORS 31.800(3), "[a] tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what is reasonable."

Ater's indemnity claim, although similar to its contribution claim, is based on the common law. In that claim, Ater alleges that its liability, if any, is secondary and passive to the liability of Marvin and Medallion, and that, "to the extent that Ater is found liable, the Third-Party Defendants are liable to Ater * * *." In Moore Excavating, Inc. v. Consolidated Supply Co., 186 Or.App. 324, 328-29, 63 P.3d 592 (2003), we described what a party must plead and prove to establish an indemnity claim arising out of a settlement payment:

(Emphases added.)

In this case, the trial court concluded that the settlement had not extinguished the liability of Marvin or Medallion, and that, in light of ORS 31.800 and Moore Excavating, Inc., Ater therefore could not bring contribution or indemnity claims against those parties. The court explained that its conclusion was "based upon the court's understanding that, at this point in time,[4] the settlement agreement between Plaintiffs and Ater does not buy peace, through extinguishing potential liability of Marvin or Medallion, or both, to Plaintiffs."

On appeal, Ater does not engage with the language of ORS 31.800(3) or attempt to distinguish Moore Excavating, Inc. Rather, Ater relies on a procedural rule, ORCP 22 C(1), to argue that the trial court erred. That rule provides that a third-party plaintiff may proceed against a "person not a party to the action who is or may be liable to the third party plaintiff for all or part of the plaintiff's claim against the third party plaintiff * * *." (Emphasis added.) The "may be liable" language is important, Ater argues, because it "eliminates the need for Ater to obtain a release or extinguishment of claims on behalf of [Marvin and Medallion] before pursuing the third-party claims."

Contrary to Ater's argument, ORCP 22 C(1) does not alter the substance of a contribution claim under ORS 31.800 or a common-law claim for indemnity. ORCP 22 is a procedural rule that affects the timing — not the elements — of third-party claims. We have explained that the purpose of the "may be liable" language in Rule 22 "is to promote the expeditious and economical adjudication in a single action of the entire subject matter arising from a set of facts, including claims contingent on the determination of other issues in the case." Kahn v. Weldin, 60 Or.App. 365, 371, 653 P.2d 1268 (1982), rev. den., 294 Or. 682, 662 P.2d 726 (1983). See Freeport Investment Co. v. R.A. Gray & Co., 94 Or.App. 648, 652-53, 767 P.2d 83, rev. den., 308 Or. 33, 774 P.2d 1108 (1989) (explaining that "the requirement of separate actions has been abrogated in the federal courts by FRCP 14(a), the rule after which ORCP 22 C was patterned," and that, under the corresponding federal rule "the third-party claim can accelerate determination of the liability, if any, between the third-party plaintiff and the third-party defendant" (internal citation and quotation marks omitted)). In other words, ORCP 22 allows parties to accelerate the determination of contingent liability; it does not provide an independent source of liability or alter the nature of the underlying claims in a third-party case.

Ater's substantive entitlement to contribution is governed by ORS 31.800, and on this record there is no genuine issue of material fact as to that entitlement. Ater entered into a settlement with plaintiffs but did not extinguish Marvin's or Medallion's liability, a prerequisite to a claim of contribution under that statute. ORCP 22 does not save Ater's claim in this circumstance, because the claim is not contingent in nature: The settlement is done, and there is no circumstance in which Ater will be entitled to recover any portion of its settlement payment from Marvin or Medallion under ORS 31.800(3).5 The trial court did not err in granting summary judgment in favor of Marvin and Medallion on Ater's third-party claim for contribution.

The same is true with respect to Ater's indemnity claim. As described above, the "discharge [of] a legal obligation owed to a third party" is one of three elements of a claim for common-law indemnity. See Fulton Ins., 261 Or. at 210, 493 P.2d 138. In Moore Excavating, Inc., we explicitly held that, "[t]o prove that element," an indemnity plaintiff who has settled must "show that it discharged the obligation owed to [the original plaintiff] `so as to extinguish both its own and defendants' liability.'" 186 Or.App. at 329, 63 P.3d 592 (quoting Savelich Logging, 265 Or. at 460, 509 P.2d 1179) (emphasis added). ORCP 22 C does not relieve Ater of the obligation to prove that element of its indemnity claim.6 The question on summary judgment was not one of timing or contingency for purposes of ORCP 22 C, but concerned Ater's failure to prove that its settlement extinguished the liability of Marvin and Medallion, as required under the holding of Moore Excavating, Inc. There was no factual dispute as to whether the Mary Carter agreement extinguished Marvin's or Medallion's liability, so the trial court did not err in granting summary judgment on Ater's third-party claim for indemnity.7

That leaves Ater's negligence claim. In that claim, Ater alleges that "[t]he Third-Party Defendants' negligence was the legal cause of any damage to Ater in that Ater has been subjected to a lawsuit by Plaintiffs because of the Third-Party Defendants' conduct, and Ater has had to expend attorney fees and costs to defend the lawsuit and may have to expend additional sums to pay a judgment." Ater further alleges that, "[t]o the extent Ater incurs damages, in the form of Plaintiffs obtaining a judgment against Ater or otherwise, the damages are attributable to the Third-Party Defendants and are the foreseeable and proximate result of [the negligent conduct]."

Marvin and Medallion moved for summary judgment on that claim on the ground that it sought economic losses only, which "must be predicated on some duty of the negligent actor to the injured party beyond the common law duty to exercise reasonable care to prevent foreseeable harm." Onita Pacific Corp. v. Trustees of Bronson, 315 Or. 149, 159, 843 P.2d 890 (1992); see Hale v. Groce, 304 Or. 281, 284, 744 P.2d 1289 (1987) ("[O]ne ordinarily is not liable for negligently causing a stranger's purely economic loss without injuring his person or property."); Moore Excavating, Inc., 186 Or. App. at 334, 63 P.3d 592 (holding that a supplier's obligation to a contractor arose out of their contract, not independently of it; the supplier "did not assume an obligation to pursue [the contractor's] economic interests" such that the contractor could recover in negligence for purely economic losses). Ater, in response, argued that the negligence claim concerns property damage caused by negligent construction, not economic loss. See Harris v. Suniga, 344 Or. 301, 310-11, 180 P.3d 12 (2008) ("Plaintiffs here seek recovery for physical damage to their real property, and this court's cases generally permit a property owner to recover in negligence for damages of that kind."). The trial court agreed with Marvin and Medallion, explaining that "[t]he problem with Ater's position is that, as to it, the losses suffered are economic loss only, namely it has a responsibility to pay money to Plaintiffs."

On appeal, Ater reprises its argument that its claims are actually property damage claims, because they are "derivative third party-claims asserted under ORCP 22 C(1)." According to Ater, "a derivative third-party claim relates back to the claims asserted by the original plaintiff (`all or part of the plaintiff's claim')." And, in this case, the underlying claim is based on property damage, not economic loss.

Once again, Ater conflates matters of procedure and substance. ORCP 22 C(1) authorizes Ater to bring, as part of the same action as plaintiffs' underlying claims, a third-party claim against Marvin and Medallion. ORCP 22, however, does not create a remedy where one otherwise does not exist.

In this case, Ater's negligence claim does not seek to recover for property damage that plaintiffs suffered. Rather, it seeks to recover damages that Ater itself incurred. The claim alleges that, "[t]o the extent Ater incurs damages, in the form of Plaintiffs obtaining a judgment against Ater or otherwise, the damages are attributable to the Third-Party Defendants and are the foreseeable and proximate result of [their negligent] conduct." (Emphasis added.) In its prayer for relief, Ater similarly prays "[t]hat Ater recover from the Third-Party Defendants based on a theory of negligence." (Emphasis added.) Although Ater now casts its negligence claim as one based on Marvin's and Medallion's liability to plaintiffs rather than Ater, that is not how the claim was pleaded. The claim sought to recover Ater's own economic losses that were caused by Marvin's and Medallion's negligence, and such a claim generally is barred under Oregon law regardless of the nature of the underlying claims. See Moore Excavating, Inc., 186 Or.App. at 334, 63 P.3d 592; see also Simpkins v. Connor, 210 Or.App. 224, 230, 150 P.3d 417 (2006) ("Regardless of the basis of the underlying claim, the loss of that claim was an economic loss: plaintiff's alleged injury was the loss of a right to seek financial compensation, not an injury to person or property. Plaintiff's claim is in some ways comparable to a legal malpractice claim, in which damages arise from the loss of an underlying claim. Regardless of the nature of the underlying claims, such damages are generally considered economic loss."); Allstate Ins. Co. v. Tenant Screening Services, Inc., 140 Or.App. 41, 47, 914 P.2d 16 (1996) (analyzing a claim for money paid in settlement of a personal injury claim as a claim for economic loss); Ammons v. Jackson County, 116 Or.App. 106, 109-114, 840 P.2d 1345 (1992), modified on recons., 119 Or.App. 181, 850 P.2d 376, rev. den., 318 Or. 24, 862 P.2d 1304 (1993) (expenses incurred in defending a claim because of another's negligence are purely economic losses). The trial court did not err in granting summary judgment on Ater's negligence claim against Marvin and Medallion.8

Affirmed.