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Economic Loss Doctrine Does Not Bar Contractor’s Negligence Claim against Architect Since There was no Contract (New Jersey law)

by Kent Holland | Oct 25, 2013 | Newsletter Article

A construction contractor under contract to a city housing authority was not barred by the economic loss doctrine from pursuing a negligence claim against the architect that designed the project under separate contract with the owner.  This is because under New Jersey...

Design Professional Owes Duty to Third Party Condominium Unit Purchasers

by Kent Holland | May 16, 2013 | Newsletter Article, third party claims

A design professional has been held to owe a third party condominium unit purchaser a duty of care in the performance of its professional services for the developer despite language in the design professional contract stating otherwise.  The court relied on both the...

Contractor Permitted to Pursue Tort Claim against Engineer for Allegedly Defective Specs and Failure to Approve Payment Requests

by Kent Holland | Mar 29, 2013 | Newsletter Article

Under Louisiana law, a federal district court held that the general contractor, on a public contract to build a warehouse, could sue the owner’s project engineer for negligence based on allegations that the contractor’s ability to perform its obligations to the Owner...

Economic Loss Doctrine Did Not Bar Contractor Claim against Architect for Defective Specifications

by Kent Holland | Mar 29, 2013 | Newsletter Article

Where a structural steel subcontractor filed suit against the project owner’s architect, alleging that the architect’s plans and specifications were defective and caused delays that economically damaged the contractor, a trial court applied the economic loss doctrine...

No Coverage Under CGL Policy for Loss Arising Out of Product Containing Asbestos

by Kent Holland | Feb 8, 2011 | Newsletter Article

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...
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