No Coverage Under CGL Policy for Loss Arising Out of Product Containing Asbestos
Asbestos,CGL,Economic Loss,Insurance Coverage Disputes
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Where a contractor on a school renovation project applied adhesives not knowing that they contained asbestos, it sued the material supplier of the material to recover its costs of tearing out and replacing the materials. The supplier’s commercial general liability (CGL) carrier refused to defend the suit because the suit was not for a [...]
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Economic Loss Doctrine did not Preclude Developer’s Negligence Action against Engineer
ConstructionRisk.com Report Vol. #12, Issue #1
See article in the following topic indices:
Economic Loss,Negligence
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A builder who purchased a couple building lots from a subdivision developer in a new subdivision and built houses on them was sued by the homeowners on the basis of improper soil compaction that resulted in soil subsidence and structural damage to their homes. The builder settled with the homeowners and then sued to recover [...]
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Arizona Supreme Court Reaffirms Economic Loss Doctrine
ConstructionRisk.com Report Vol. #12, Issue #3
See article in the following topic indices:
Americans with Disabilities Act (ADA),Breach of Contract,Damages,Economic Loss,Economic Loss Doctrine,Fair Housing Act
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P. Douglas Folk, Esq. – Folk and Associates, P.C. I am very pleased to report the Arizona Supreme Court’s favorable decision in the Flagstaff Affordable Housing L.P. v. Design Alliance, Inc. case 2010 WL 476683 (Arizona, February 12, 2010). ACEC Arizona, AIA Arizona and ASFE joined in filing an amicus curiae brief with the Supreme [...]
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Economic Loss Doctrine Bars Contractor Suit against Engineer
ConstructionRisk.com Report Vol. #12, Issue #10
See article in the following topic indices:
Breach of Contract,Change Order,Economic Loss,Economic Loss Doctrine,Good faith and fair dealing,Misrepresentation,Negligence,Substantial Completion,tortious interference
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The economic loss doctrine was enforced by the Supreme Court of Wyoming to bar a general contractor’s (GC) complaint against a project engineer with whom it lacked privity of contract. The GC had a contract was with a town to construct water and wastewater lines. The city had a separate contract with an engineering firm [...]
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Developer’s Assignee Can Bring Suit against Engineer for Redesign Costs but Economic Loss Rule Prevents Original Developer (Assignor) from Bringing Negligence Action against Engineer
ConstructionRisk.com Report Vol. #12, Issue #11
See article in the following topic indices:
Breach of Contract,Contract assignment,Economic Loss,Economic Loss Doctrine,standing to enforce contract,Unequal bargaining
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In this case, the court considered the scope of an assignee’s right to recover damages from an engineer that breached a contract made with the assignor. The engineer argued that while it may have breached a contract or duty before the assignment occurred, the assignee could not recover damages sustained after the date of the [...]
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