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

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