Peter C. Vilmos – March 28, 2013 For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort damages in a breach of contract action where… Continue reading The Emperor’s New Economic Loss Rule
Category: Construction Law
Economic Loss Rule, 1850-2013, R.I.P.
Stan Martin – March 12, 2013 The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass’n v. Marsh & McClennan. The decision, issued March 7, 2013 by the Florida Supreme Court, is blunt: “We . . . hold that the application of… Continue reading Economic Loss Rule, 1850-2013, R.I.P.
Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Gregory R. Meeder – March 13, 2013 Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR — specifically arbitration — has been criticized as becoming no… Continue reading Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA
Eugene J. Heady – March 4, 2013 Bob, the Project Executive, had made up his mind. “I’m rolling the dice and taking the electrical subcontractor’s claim to trial!” Bob exclaimed. “We all know that contractors are gamblers. Right?” Bob asked. “I’m going to take my chances. It’s in my DNA,” Bob added. “How do you… Continue reading Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA
Damages Issues in New Jersey – Is Diminution of Value Available to New Jersey Property Owners?
Robert Trautman – February 26, 2013 A reader asked whether New Jersey permits diminution in value claims for real property. The question was prompted by a recent Georgia Supreme Court opinion 1 recognizing such claims. Essentially, diminution in value claims allow property owners to recover benefits exceeding the actual costs of repair if a property’s value… Continue reading Damages Issues in New Jersey – Is Diminution of Value Available to New Jersey Property Owners?