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Owner Allowed to Sue Design Subconsultant Despite Lack of Contractual Privity

by Kent Holland | Apr 25, 2016 | Newsletter Article

Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC In an effort to revitalize a waterfront area along Lake Michigan, the City of Whiting, Indiana hired an engineering firm to design a lakefront park and marina. The Engineer, in turn, hired a Subconsultant to serve as...

A Claim Under the Negligent Misrepresentation Exception to the Economic Loss Doctrine May Be Predicated on Implied Representations

by Kent Holland | Feb 9, 2016 | economic loss doctrine, Newsletter Article

This dispute concerned Pennsylvania’s application of the Economic Loss Doctrine and its interpretation of the exception allowed by Section 552 of the Restatement (Second) of Torts. Gongloff Contracting, L.L.C., (“Gongloff”) was a second-tier subcontractor on a...

Federal Court Holds Engineer May Be Liable to Contractor for Both Breach of Professional Duty and Negligent Misrepresentation

by Kent Holland | Jan 13, 2016 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC The United States District Court for the Northern District of California held that an engineer who prepares documents that contractors will rely on when preparing their bids owes a duty of care to the contractors, and thus can...

Architect not Liable to Home Purchaser for Economic Losses Caused by Failed Sewage Disposal System that Architect Certified to Local Government as Meeting Permit Requirements

by Kent Holland | Jan 13, 2016 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a homeowner sued an architect for negligent misrepresentation and violation of the Consumer Protection Act (CPA) based on the fact that the architect prepared and submitted a certification to the local government as...

Court Bars Contractor’s Claim Against Commercial Paint Supplier for Negligent Misrepresentation Under Missouri’s ‘Economic Loss Doctrine’

by Kent Holland | Apr 8, 2014 | Newsletter Article

James N. Rhodes, J.D. ConstructionRisk, LLC A painting contractor attempted to bring an action against a commercial paint supplier for losses because the supplier’s improper product recommendation caused the contractor to have to remove the paint and reperform the...
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