Category Archives: Negligence

Supreme Court of Wisconsin Holds That Private Subcontractor Is Immune to Property Damage Claims by Adjoining Landowners Because it Followed Specifications Provided by the Wisconsin Department of Transportation

Melchert v. Pro Elec. Contrs., 2017 Wis. Lexis 169 (April 7, 2017) The Wisconsin Department of Transportation (“DOT”) contracted with Payne & Dolan (“P&D”) as General Contractor on a road improvement project. P&D in turn contracted with Pro Electric Contractors … Continue reading

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U.S. District Court for Northern District of California Holds Engineer May Be Liable to Contractor for Breach of Professional Duty and Negligent Misrepresentation

Apex Directional Drilling, LLC v. SHN Consulting Eng’rs & Geologists, Inc., 2015 U.S. Dist. LEXIS 105537 (N.D. Cal. Aug. 11, 2015) The United States District Court for the Northern District of California held that an engineer that prepares plans and … Continue reading

Posted in Engineer Liability, Negligence

Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where Parties Were Not in Privity of Contract

Bedwell Co. v. Camden County Improvement Auth., 2014 U.S. Dist. LEXIS 95510 (D.N.J. July 14, 2014) The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the … Continue reading

Posted in Economic Loss Defense, Malpractice, Negligence

Colorado Court of Appeals Upholds Summary Judgment Barring Owner Tort Claims Against Service Contractor Pursuant To Economic Loss Rule

Engeman Enterprises, LLC, v. Tolin Mechanical Systems Company 2013 Colo. App. LEXIS 345 (Colo. App. Mar. 14, 2013) Engeman operates a cold storage facility and Tolin designs, installs, maintains, and repairs cooling systems. In 2008, Engeman engaged Tolin for an … Continue reading

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U.S. District Court in Colorado Dismisses Contractor’s Negligence, Third-Party Beneficiary and Indemnity Claims, But Not Its Contribution Claim, Against Architect

Maisel v. Erickson Construction, Inc. 2012 U.S. Dist. LEXIS 108726 (D. Colo. August 3, 2012) Plaintiff contracted with Charles Cunniffe & Assoc. Architects (“CCA”) for architectural services. Plaintiff separately contracted with Erickson Construction, Inc. (“Erickson”) for construction and general contractor … Continue reading

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