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


[Subject Prev][Subject Next][Thread Prev][Thread Next]
To Christopher Wright:
Assuming the inadequate design has not caused any damages to other property 
or personal injury, the "economic loss doctrine" [ Seely -Aas] applies, i.e. 
no claim under a negligence ( tort damages ) theory is allowed.  

Whereas in a claim based on warranty ( as in a pure economic loss scenario ) 
only contractual damages are allowed.

This issue is still unsettled,as it pertains to construction defects cases, 
as the decision in Aas is under review.

George Hakim