Negligent Misrepresentation Claim Cannot be made against Engineer Whose Design and Construction of Sludge Processing Equipment Failed to Generate as Much Electricity as Engineer Represented Would be Created
ConstructionRisk.com Report Vol. #14, Issue #3
See article in the following topic indices:
Misrepresentation,Negligent Misrepresentation
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An engineer who was retained by its client to design and construct anaerobic digesters to process cattle manure and paper sludge was sued by its client when the system failed to process the amount of sludge and produce the amount of electricity per day that engineer represented would be produced, and on which the client [...]
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Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for Negligence
ConstructionRisk.com Report Vol. #13, Issue #7
See article in the following topic indices:
Contractor Claims against Design Professionals,Economic Loss Doctrine,Negligence,Negligent Misrepresentation,Third party beneficiary
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Where Contractor’s insurance carrier brought a subrogation action against the project’s design professional for negligent performance, including failure to prepare contract drawings and specifications in a manner “fully coordinated for bidding by the various contractors” as required in the design professional’s scope of service, it was held that the insurer had no third-party beneficiary rights [...]
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A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was negligent in failing to perform various tests to determine the extent to which the land was [...]
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Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was negligent in its coordination and supervision of the contractors. The trial court dismissed the case [...]
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Contractor sues engineer for misrepresenting site conditions
Breach of Contract,Contractor Claims against Design Professionals,Differing Site Conditions,Economic Loss Doctrine,Individual Liability of A/E,Misrepresentation,Negligent Misrepresentation,Statute of Limitations
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Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the contractor and the engineer had separate contracts with the owner and there was no contractual relationship between the [...]
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