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
Tag: 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
Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
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