Fraud Claims against Engineer Dismissed for Lack of Specificity

Homeowner filed suit against its design-build contractor for defects in a $1 million swimming pool.  In addition to claims for negligent design and construction defects, the homeowner asserted that the designer and design-builder were guilty of fraudulent educement,...

Economic Loss Rule Does not Apply to Fraud Claims

The economic loss rule was applied by a trial court to bar a homeowner in a contractual relationship with a contractor from suing for fraud instead of only for breach of contract. This was reversed on appeal, with the appellate court holding that while claims for...

No Damage for Delay Clause Not Enforced

A construction contractor was delayed in completing a road construction project by a flaw in the design provided by the project engineer.  The project owner (Broward County, Florida) denied the contractor’s delay and impact claim, asserting that it was barred by a...