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
Tag: Economic Loss Rule
Economic Loss Rule Bars Claims Against Manufacturer
David Adelstein | Florida Construction Legal Updates The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction. In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages. Otherwise, the economic loss rule will bar… Continue reading Economic Loss Rule Bars Claims Against Manufacturer
Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule
Patrick Johnson | Construction Industry Counselor | July 8, 2019 A recent Utah Appellate Court upheld the dismissal of a homeowners’ claims against a geotechnical engineer because the homeowners did not have a contract with the geotechnical engineer and therefore their claims were barred by the economic loss rule. See Hayes v. Intermountain Geoenvironmental Services, Inc.,… Continue reading Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule
Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!
Julia Gallagher | Nexsen Pruet | June 10, 2019 In North Carolina, the economic loss rule will not bar recovery on a negligence claim when there is no contract between the parties. In Lord v. Customized Consulting Specialty, Inc., a general contractor contracted with the plaintiff owners to construct a home. The owners subsequently sued the… Continue reading Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!
Colorado Supreme Court Revisits Economic Loss Rule
Justin L. Cohen, David B. Meschke and Jesse D. Sutz | Brownstein hyatt Farber Schreck LLP | May 28, 2019 The Colorado Supreme Court has issued a number of opinions over the last several years clarifying the scope of the economic loss rule. On May 7, 2019, the court revisited the economic loss rule in Bermel… Continue reading Colorado Supreme Court Revisits Economic Loss Rule