Robert J. Golterman, Jeremy P. Brummond and Patrick F. Ganninger | Lewis Rice Parties negotiating construction agreements often think about the types of damages either party may claim if the other party breaches the agreement. Many times, however, the parties do not consider other damages that may be available under state law tort theories (such… Continue reading Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement
Tag: Economic Loss Doctrine
Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
Gus Sara | The Subrogation Strategist In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services.… Continue reading Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply to Construction Services Contracts
Emma Wolfe and M. Ryder Lee | K&L Gates On 28 September 2023, the Tennessee Supreme Court held that the economic loss doctrine (ELD) “only applies in products liability cases and should not be extended to other claims.” After years of confusion and guessing by the lower courts and federal district courts in the state,… Continue reading Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply to Construction Services Contracts
Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
Gus Sara | The Subrogation Strategist In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services.… Continue reading Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
Oregon Court of Appeals Addresses Economic Loss Doctrine and Vicarious Liability in Construction Dispute
Blake Robinson | Davis Wright Tremaine The Oregon Court of Appeals recently issued a decision touching on the economic loss doctrine and vicarious liability in a construction dispute.1 The outcome provides key lessons for manufacturing companies that may maintain principal-agent relationships with distributors or maintenance service companies based on the level of control one party exerts… Continue reading Oregon Court of Appeals Addresses Economic Loss Doctrine and Vicarious Liability in Construction Dispute