Our last post, Economic Damages and Contractual Privity: Cutting Out the Middle-Man, discussed two cases seemingly reaching different outcomes when claimants lacking privity asserted negligence claims against designers. In the Donnelly case, the lack of privity posed no obstacle, while in the Cal-Am case, lack […]
In both Donnelly v. Oberg/Hunt/Gilleland and Cal-Am v. Edais Engineering, a third-party claimant brought negligence claims against a design professional for purely economic harm. In each case, the claimant lacked contractual privity with the designer. However, in one case, the lack of contractual privity proved […]
Your new used car suffers three dangerous blowouts within days of driving it off the lot. You return it to the dealer, who replaces the rear axle with a part it knows is defective. The dealer assures you that you can drive it, and you […]
Arizona court holds homeowners can recover attorneys’ fees for defective construction despite failing to pay contractor’s final invoice, but contractor entitled to prejudgment interest on claim for the unpaid invoice. Division 1 of the Arizona Court of Appeals just issued a published opinion in Sirrah Enterprises, LLC […]
Division 2 of the Arizona Court of Appeals just issued a memorandum decision in World Fuel Services, Inc. v. Hotton Enterprises, Inc., dealing with what happens when a buyer is charged the wrong price, but pays anyways and keeps placing orders. The opinion can be accessed by clicking here. Our summary […]