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Homeowner action against Window Manufacturer Dismissed Pursuant to Economic Loss Doctrine

by Kent Holland | Feb 12, 2024 | Newsletter Article

A homeowner who purchased a home 10 years after it was built for the original owner, filed suit alleging negligence, products liability and breach of warranty against the home builder and the window manufacturer, alleging that defective windows caused water damage to...

Economic Loss Doctrine Does not Limit Actions where Tangible Property has been Damaged

by Kent Holland | Mar 14, 2023 | Newsletter Article

Homeowner whose house was damaged by a landslide filed negligence lawsuit against a geotechnical engineer who performed a Geotech investigation for the homebuilder/contractor. The contractor was out of business and couldn’t be sued.  Trial court dismissed the lawsuit...

Economic Loss Doctrine Enforced in Arizona to Bar Negligence Action by Project Owner against Engineering Subcontractor

by Kent Holland | Oct 25, 2022 | Newsletter Article

Project Owner sued the engineering subcontractor of its general construction contractor alleging damages from negligently surveying property and putting stakes in wrong location.  The engineer admitted it erred in the survey and this caused damages. Summary judgment...

Economic Loss Doctrine Inapplicable to Condo HOA suit

by Kent Holland | Jul 27, 2021 | Newsletter Article

Condominium Association (HOA) was not barred by the economic loss doctrine from suing construction professionals, including the general contractor, that designed and constructed the condominium complex.   The suit was for damages from cracking concrete and various...

Economic Loss Doctrine Bars Suit by Developer against a Subcontractor

by Kent Holland | Apr 21, 2021 | Newsletter Article

The economic loss rule required the court to dismiss a negligent suit by a commercial property owner/developer against a subcontractor.  Court explained that parties generally do not owe each other a duty of care to prevent economic loss.  The owner contracted with a...
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