Nuances of the Economic Loss Rule in Different Jurisdictions, How Owners Can Recover Damages From Subcontractors With/Without a Contract, and Insurance Coverage Issues for Contractual Liability Exclusions
David V. Wilson
Rizzo Mattingly Bosworth PC
Righi Law Group
Michael K. Wilson
Broad and Cassel, Attorneys at Law
- Interpreting recent court decisions addressing the types of damages you can recover if you have/don’t have a contract
- Economic loss rule adopted in different jurisdiction; what are the variations if any?
- How can an owner recover from a subcontractor without a contract?
- Owner alleges negligence, breach of implied warranty against the subcontract
- Owner recovering on a tort theory
- What limitations exist in recovering based on the economic loss rule?
- Limitations on recovering attorney’s fees
- Measuring scope of damages
- Policies that do not apply to liability assumed in contract
- Subcontractors who get sued for breach of contract and whether this is covered by an exclusion
- Owners suing for breach of contract because scope of damages are broader and includes recovery of attorney’s fees