William S. Durr | Ward and Smith | March 20, 2019 In its broadest sense, the “economic loss rule” prohibits recovery in tort for purely economic loss incurred under contract law. The Merriam-Webster Dictionary online defines tort as “a wrongful act other than breach of contract for which relief may be obtained in the form of damages… Continue reading The Economic Loss Rule and Why It Matters in Construction Litigation
Tag: Economic Loss Rule
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Thomas G. Cronin | Gordon Rees Scully Mansukhani | February 25, 2019 In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor where the subcontractor had no contractual relationship with the purchaser. Sienna… Continue reading Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Economic Damages and the Right to Repair Act : You Can’t Have it Both Ways
Garret Murai | California Construction Law Blog | March 6, 2017 In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation. SB 800, which applies to newly… Continue reading Economic Damages and the Right to Repair Act : You Can’t Have it Both Ways
Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually
Michael L. DeBong | The Subrogation Strategist | October 20, 2016 In Beaufort Builders, Inc. v. White Plains Church Ministries, Inc., 783 S.E.2d 35 (N.C. Ct. App. 2016), the Court of Appeals of North Carolina addressed whether the economic loss rule barred the negligence claim of White Plains Church Ministries, Inc. (White Plains) against Charles… Continue reading Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually
Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
Traub Lieberman Straus & Shrewsberry LLP | February 7, 2016 In A&H Properties Partnerships v. GPM Engineering [(2015) No. 03-13-00805-CV], the Texas Court of Appeals decided whether a property owner could maintain a direct action for negligence against a project designer hired by the general contractor, with whom it had no contract. The Court of… Continue reading Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule