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 […]