Return to index: [Subject] [Thread] [Date] [Author]

Re: Negligence per se ( another misconception)

[Subject Prev][Subject Next][Thread Prev][Thread Next]
Reply to mark Deardorff's comments:

Mark,
We are talking about two different things. It may be legitimate for a 
plaintiff to sue for cracks, etc... But who is liable? My prior postings were 
concerning the EOR's liability, which is totally separate from the builder's 
liability.  In your scenario, the builder should be asked to repair those 
damages. The EOR's liability must be based on his negligence, ie his design 
(or lack of it) actually caused those damages. If the EOR's design did not 
cause those damages, he should  be dismissed; as to the builder, different 
standard applies.

George Hakim