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

Contract Clauses Limiting Damages

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

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