Taylor Hite | Colorado Construction Litigiation When entering a contract under Colorado law or attempting to enforce your rights when the other party breaches a contract, it is important to know and understand what rights you have and what claims you can bring or defenses you may have. One important consideration is Colorado’s version of the… Continue reading The Economic Loss Rule: From Where Does the Duty Arise?
Tag: Economic Loss Rule
Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
Kyle Rice | White and Williams The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by Utah’s Economic Loss Statute (Statute), Utah Code Ann. § 78B-4-513(1). Hayes v. Intermountain GeoEnvironmental Servs. No. 20190764, 2021 UT 62,… Continue reading Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
Florida’s Products Liability Economic Loss Rule Bars Claims Where Only Damage Sustained is to the Building Itself
Catherine Delorey | Forum on Constrution Law Can a products liability claim survive the economic loss rule (“ELR”) where the only claimed damage to “other property” is to the finished building itself? If your state takes an “integrated” approach to the ELR, the answer to this question should be “no.” In 2711 Hollywood Beach Condominium… Continue reading Florida’s Products Liability Economic Loss Rule Bars Claims Where Only Damage Sustained is to the Building Itself
The Economic Loss Rule – Recently Refined or Redefined by the North Carolina Supreme Court
Evan Musselwhite and Amy Wooten | Ward and Smith Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction. This article provides a refresher on the economic loss rule before turning to an overview of the Court’s decision and its potential impact. The… Continue reading The Economic Loss Rule – Recently Refined or Redefined by the North Carolina Supreme Court
Construction Claims – No Contract, No Claims?
Andrew Atkins, Peter Marino and Patrick Wilson | Smith Anderson The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc.[1] The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective building material where no direct contract existed… Continue reading Construction Claims – No Contract, No Claims?