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The Economic Loss Rule Applies Only to Products Liability Cases, at least in Florida

Craig_Martin_IndexFor this week’s Guest Post Friday here at Construction Law Musings, we welcome a friend and sometime co-presenter Craig Martin.  Craig (@craigmartin_jd) is a partner in the law firm of Lamson Dugan and Murray, LLP in Omaha, Nebraska. He has a background and experience in all aspects of construction law. As part of his practice he counsels contractors, subcontractors, developers, owners, materials suppliers and design professionals in various construction disputes. He also successfully represents them in both State and Federal courts. Craig’s business goal is to provide cost-effective and distinguished counsel to the construction industry.  Craig also authors the Construction Contractor Advisor blog.

The Florida Supreme Court was recently asked to weigh in on whether the Economic Loss Rule bars an insured’s suit against an insurance broker for economic damages.  Instead of limiting its ruling to an esoteric insurance law question, the Court reviewed its entire history of applying the Economic Loss Rule.  The court reversed its earlier decisions that applied the rule to construction cases and held that from now on, it should only apply in products liability cases. This is quite a change in Florida law and may have ramifications throughout the country.

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Online Professional Marketing- A Review from the Solo’s Perspective

One of the many benefits of publishing a blog like Construction Law Musings is the ability to connect online, and then many times in real life, with a variety of people. These connections then give me the opportunity to review materials on subjects from construction contracts to online professional service marketing. This last topic is…

A Construction Lawyer Can Help You Negotiate (Not Sue)

Ever since I read the two articles referenced in last week’s Musings, I have been thinking about how I as a Virginia construction attorney can be part of the solution.  Then, fortuitously, my good friend and ubermediator, Victoria Pynchon (@vickiepynchon), dusted off her Negotiation Law Blog to discus 10 Reasons To Negotiate Instead Of Suing…

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LEED Certification Challenges: What is “Close Enough”?

Originally posted 2010-06-14 09:00:08. There have been many discussions lately regarding the Northland Pines challenge to the LEED certification of its high school facility recently rejected by the USGBC, notably at the Builder’s Counsel Blog and at the Green Building Law Update.  You can check out the Green Building Law Update link for the entire…

Open Letter to Guest Posters: Thanks for the Musings!

In the over four years and 500 posts here at Musings, I have been humbled and amazed at the growth of the subscriber base here at Construction Law Musings.  While this growth has been a great inspiration to keep this little corner of the internet going, what really spices things up and keeps it interesting…

About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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