Navigating the Use of Economic Loss Rule in Construction Litigation: Practical Tips and Strategies
The significance of economic loss rule in construction litigation cannot be overstressed. The rule, a judge-established doctrine that bars parties to extend the reach of bargained-for remedies under an agreement, enables construction law attorneys to determine the type of claim that a certain party can bring against the other parties.
With the continuous emergence of significant judicial developments, the use of economic loss rule in construction lawsuits evolves. Securing up-to-date knowledge of the recent judicial trends is crucial in devising effective litigation strategies.
In this LIVE Webcast, construction litigation attorneys Andrew J. Foti (Katz Barron) and Steven Nudelman (Greenbaum, Rowe, Smith & Davis) will provide an in-depth analysis of the fundamentals as well as recent developments regarding the use of economic loss rule in construction litigation. As experts, they will also present the key takeaways from notable cases and offer practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Key topics include:
- Economic Loss Rule: What You Must Know
- Recent Developments in Construction Litigation
- Notable Cases and Critical Issues
- Addressing Pitfalls
- Best Litigation Strategies
Greenbaum Rowe Smith & Davis LLP
- Definition/Scope of Economic Loss Rule
- Policy Reasons Behind the Rule
- Application of Rule
- Design Professionals
- Other Third-Party Claims
- Exceptions to Economic Loss Rule & Various State-by-State Examples
- Mitigation of Risk / Limiting Exposure – Economic Loss Rule
- Limitation of Liability
- Exclusion of Warranties
Who Should Attend:
- Construction Lawyers
- Government Contractors
- In-house Counsel
- Contract Lawyers
- Tort Lawyers
Andrew focuses his practice in all aspects of construction law and commercial litigation. He blends his legal experience and business background to provide practical advice and counsel regarding contract formation, administration, breaches, defaults, defects, delays, terminations, and claims evaluation.
He negotiates contracts on behalf of owners and general contractors on a wide range of commercial and residential projects, including retail, office, multifamily and homes.
In addition, Andrew has been involved in litigations ranging from hundreds of thousands of dollars to bet-the-company disputes involving tens of millions of dollars. The cases involve high profile public buildings and roads, hotels, condominiums, and high-end homes.
Andrew focuses his practice in all aspects of construction law and commercial litigation. He blends his legal experience and business …
Steve is a partner in the Litigation Department of Greenbaum, Rowe, Smith & Davis LLP, where he is a member of the Construction Practice Group. The firm has offices in Woodbridge and Roseland, New Jersey and in New York. Steve concentrates his practice in construction law and represents owners, contractors and design professionals in construction-related claims and disputes. He also represents community associations, unit owners and developers in lawsuits regarding construction defects, budgeting and financing issues and condominium governance. Steve maintains an active transactional practice, negotiating and drafting construction contracts for his clients. He frequently lectures industry groups and bar associations on construction law topics and is the legal columnist for two specialty trade publications, Plumbing Engineer and PHC News. Steve is also an author of the New Jersey Construction Q&A chapter of Practical Law, and the New Jersey chapter of CPI LienLaw Online.
Steve is a partner in the Litigation Department of Greenbaum, Rowe, Smith & Davis LLP, where he is a member …
Print and review course materials
Method of Presentation:
General knowledge of economic damages
NY Category of CLE Credit:
Areas of Professional Practice
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About Katz Barron
Katz Barron is a full service law firm with offices in Miami and Fort Lauderdale. Founded in 1977, our firm is an enduring presence in the South Florida community, offering a sophisticated scope of legal services that reflects the needs of its broad-based local, national and international clientele.
Our attorneys, administrators and support staff are committed to a tradition of client satisfaction and to the execution of legal strategies that are responsive to the realities of the 21st Century
About Greenbaum Rowe Smith & Davis LLP
Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.