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Design Professionals in Arizona no Longer Owe Duty to Third Parties for Economic Loss

by Kent Holland | Aug 16, 2022 | Current Issue:, Newsletter Article

In an important decision, the Supreme Court of Arizona held that design professionals that lack privity of contract with project owners owe no duty to reimburse those owners for purely economic losses.  This is a reversal of the 1984 decision in Donnelly Construction...

Homeowner Suit against Project Developer’s Geotechnical Engineer Barred by Economic Loss Doctrine

by Kent Holland | Feb 25, 2020 | Newsletter Article

A homeowner’s house developed large cracks in its foundation and walls due to settling, lateral movement of the foundation, and an unstable slope of the building lot. It filed suit against a geotechnical engineering firm that had ten years earlier prepared a site...

Contractor May Sue Construction Manager for Losses Due to Alleged Poor Project Oversight and Interference with Contractor’s Work

by Kent Holland | Oct 24, 2018 | Newsletter Article

Contractor sued its client, the project owner, and sued the construction manager (CM) that was under contract to the owner – alleging that the CM failed in its obligation and duty to oversee and administer the project according to industry standards thereby impeding...

Economic Loss Doctrine Bars Claim against Designer by a Third Party Seeking Purely Economic Losses

by Kent Holland | Jun 16, 2017 | economic loss doctrine, Newsletter Article

By J. Kent Holland, Jr., Esq. The Maryland Court of Appeals applied the economic loss doctrine to bar a claim against an engineer by a general contractor seeking to recover economic losses based upon reliance on allegedly defective designs. In the absence of...

Economic Loss Rule Barred Claim against Contractor’s President

by Kent Holland | Dec 19, 2016 | economic loss doctrine, Newsletter Article

An error was made by a surveyor in setting the level for a foundation pad for a church building.   A construction contractor then proceeded to excavate dirt from the foundation area, believing the resulting level would be higher than required by the base flood...
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Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

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