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
Tag: Economic Loss Rule
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?
Oregon Court of Appeals Addresses Economic Loss Doctrine and Vicarious Liability in Construction Dispute
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
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