Stanley A. Martin | Commonsense Construction Law The NH Supreme Court has enforced contract clauses waiving consequential damages and limiting liability. It has also noted that tort claims asserted when the underlying transaction was based on a contract will be barred by the economic loss doctrine. The plaintiff was an engineering service firm that works… Continue reading Contract Clauses Limiting Damages
Tag: Economic Loss Doctrine
Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Rahul Gogineni | The Subrogation Strategist In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a home. In determining that damage to persons or property is not a purely economic loss… Continue reading Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Why Understanding Economic Loss Doctrine is Critical for Construction Professionals
Jason N. Smith | Seyfarth Shaw LLP | May 1, 2017 Introduction The economic loss doctrine is widely misunderstood and often misapplied. At its most basic, the premise of the doctrine is that a party cannot recover purely economic losses in a tort action. To understand the rationale behind the economic loss doctrine, attorneys should… Continue reading Why Understanding Economic Loss Doctrine is Critical for Construction Professionals
Design Errors Exception to the Economic Loss Doctrine
Carly Miller | Bradley Arant Boult Cummings LLP | March 23, 2016 A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such errors… Continue reading Design Errors Exception to the Economic Loss Doctrine
Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well
Saul Ewing | February 23, 2016 Summary Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL 360875 (Md. Ct. Spec. App. Jan. 28, 2016). Thus, while some jurisdictions permit a contractor’s… Continue reading Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well