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
Tag: Economic Loss Doctrine
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
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