Hunt Const. Group, Inc. v. Brennan Beer Gorman, 08-5603
In an action for negligence and negligent misrepresentation against defendant-design professionals over allegedly late and erroneous delivery of professional services as part of the construction of a resort, the Second Circuit certified the following questions to the Vermont Supreme Court: 1) Does the economic loss doctrine bar a contractor from seeking purely economic damages against design professionals who allegedly provided negligent professional services in violation of the design professionals' contractual obligations with a mutual counterparty? 2) Does the economic loss doctrine apply to claims of negligent misrepresentation?
- Argued 12/21/2009
- Decided 05/24/2010
- Published 05/24/2010
PER CURIAM:, 28 Before: CALABRESI and POOLER, Circuit Judges, and KAHN, District Judge.
United States Second Circuit
Steven G.M. Stein (Joel J. Rhiner and Jean M. Gallo, on the brief), Stein, Ray & Harris, LLP, Chicago, IL, for Appellant.
Michael J. Vardaro, Zetlin & De Chiara LLP, New York, N.Y., for Appellees Brennan Beer Gorman/Architects, P.C.; S. DeSimone Consulting Engineers, LLC, and Cosentini Associates, Inc., James M. Cooley, Heilmann, Ekman & Associates, Inc., Burlington, VT, for Appellee Wilson & Associates, LLC.