Will the economic loss doctrine bar a claim for negligence if by doing so, the plaintiff will be left without a remedy? That issue was addressed in Spectraserv, Inc. v. The Middlesex County Utilities Authority et als., Superior Court of New Jersey, Law Division, Docket No. L-2577-07 (July 25, 2013). In that case, the parties… Continue reading Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?
Tag: Economic Loss Doctrine
The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
David P. Muth and John C. Schaak – August 13, 2013 The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with their contractual relationship. The parties are thus limited to their contractual remedies. This sounds simple enough in theory, but, in practice, the… Continue reading The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners have no Tort Claims Against Concrete Supplier
Yet Another Reason That Condo Work is Risky for MA Contractors
Lauren R. MacLellan – January 30, 2013 Last month, the Massachusetts Appeals Court further eroded legal protections for contractors seeking to defend themselves against claims by condominium associations and condominium unit owners. Before this decision, contractors and other construction professionals (like architects) often used a legal defense known as the economic loss doctrine as a… Continue reading Yet Another Reason That Condo Work is Risky for MA Contractors
Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers
Joshua Grabel and Jennifer R. Phillips – December 2012 On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in 2000. The original purchasers sold the home to the Sullivans in… Continue reading Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers