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Economic Loss Doctrine Bars Negligence Claim Arising out of Breach of Contract

by Kent Holland | Jan 14, 2015 | economic loss doctrine, Newsletter Article

Where a condominium association filed suit asserting negligence claims against the general contractor that built the complex, alleging defective workmanship including deficient masonry work and use of unauthorized black building paper in place of specified...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied.  This is due to breach of contract language requiring absolute code compliance.  The...

Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract

by Kent Holland | Dec 28, 2012 | Newsletter Article

It can be a perplexing issue whether a project owner that believes its contractor or design professional has breached its contract due to defective work or faulty performance can sue under a theory of negligence as well as for breach of contract.  Where the alleged...

Economic Loss Doctrine Precluded Negligence Claim against Design-Builder Because Design-Build Project Considered a “Product” not a “Professional Service”

by Kent Holland | Oct 4, 2012 | Newsletter Article

In Wisconsin, where the economic loss doctrine does not bar malpractice suits against professional service providers such as architects and engineers, a court concluded that a contractor who designed and constructed a resort and conference center that included an...

Negligence Claim Barred Where Issues Arise Under Contract Performance, and Breach of Contract is the Sole Proper Remedy

by Kent Holland | Oct 4, 2012 | Newsletter Article

A project owner/developer successfully recovered on most aspects of its complaint against a contractor for defective workmanship that caused window leaks and underground parking garage wall leaks, but its negligence claim was dismissed by summary judgment with the...
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