What are the competing approaches by the Bilt-Rite and SME Industries courts that led them to come to opposite conclusions on whether a contractor or subcontractor claim for financial losses, brought against a design professional, is barred by the economic loss rule?
What will be an ideal response?
The Bilt-Rite court refused to allow the economic loss rule to preempt the
pre-existing law of professional malpractice. The design professional owes a
contractor or subcontractor a duty of care, and that duty extends equally to
physical and financial injuries. The SME Industries court views the economic
loss rule as preserving the proper distinction between contract and tort law.
In addition, parties (especially on construction projects) should be
encouraged to use contract means to protect themselves from possible
economic harm caused by the design professional.
You might also like to view...
A processor is matched to signal in the first accompanying image. Compute V and the determined binary data value in 2nd accompanying image is observed.
Image No. 1
Image No. 2
What will be an ideal response?
Local zoning requirements should be checked before buying a farm or designing a new building.
Answer the following statement true (T) or false (F)
The area where neither cool season nor warm season grasses are well-adapted is called the ____________________ zone
Fill in the blank(s) with correct word
The hormone secreted by the pancreatic alpha cells would result in
A) decreased breakdown of glycogen to glucose in the liver and skeletal muscles. B) increased triglyceride synthesis in adipose tissues. C) increased rate of glucose utilization. D) increased rate of ATP generation. E) increased synthesis and release of glucose by the liver.