Michael P. Cotton | K&L Gates | February 29, 2016 In its July 8, 2015 opinion, the Superior Court of Pennsylvania held that design professionals are potentially subject to liability for negligent misrepresentation claims when it is alleged that their design documents negligently included false information via implicit representations. Gongloff Contracting, L.L.C. v. L. Robert… Continue reading Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
Tag: Economic Loss Doctrine
Pennsylvania Appellate Court Confirms Exception to Economic Loss Doctrine for Claims Regarding Faulty Design Documents
Laura Freid-Studlo | Pillsbury Winthrop Shaw Pittman LLP | September 15, 2015 In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based… Continue reading Pennsylvania Appellate Court Confirms Exception to Economic Loss Doctrine for Claims Regarding Faulty Design Documents
Duty of Care Not Owed to Non-Original Homeowners
Advise & Consult, Inc | September 2, 2015 The construction industry got an answer they have been waiting for, particularly in Arizona. The Arizona Court of Appeals ruled on Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199 as to whether homebuilders, as well as other construction professionals, are indefinitely subject to construction defect claims. … Continue reading Duty of Care Not Owed to Non-Original Homeowners
Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?
Will the economic loss doctrine bar a claim for negligence if by doing so, the plaintiff will be left without a remedy? That issue was addressed in Spectraserv, Inc. v. The Middlesex County Utilities Authority et als., Superior Court of New Jersey, Law Division, Docket No. L-2577-07 (July 25, 2013). In that case, the parties… Continue reading Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?
The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
David P. Muth and John C. Schaak – August 13, 2013 The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with their contractual relationship. The parties are thus limited to their contractual remedies. This sounds simple enough in theory, but, in practice, the… Continue reading The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier