Mike Stenglein, Paul Straus and Samantha Porphy Ade of King & Spalding write: The fact pattern is all too common. No sooner than the ink dries on a contract do the construction problems become apparent, and eventually, the owner sues for breach of contract, fraudulent inducement, and negligence. But the contractor isn't worried - the contract's favorable limitations on liability, a liquidated-damages clause, a merger clause, and the economic loss rule will protect him from the owner's tort claims. Or will it?
Navigating the Economic Loss Rule in Construction Cases
New York Law Journal
May 21, 2012
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