Experienced Guidance In Construction Law Matters
Petti Murphy & Associates provides a full range of transactional and litigation services for individuals and professionals with legal needs in the area of construction law, local or nationwide. While we have the experience and knowledge of downtown Chicago firms, we are able to offer our services at a reasonable fee at friendly, suburban office locations.
When It Is Possible To Recover Damages In Construction Claims
The elusive Economic Loss Doctrine, often referred to as the “Moorman Doctrine,” has had a significant impact on construction litigation in the United States. Over the years, construction law has developed in the direction of contractual law. Accordingly, damages for breach of contract are typically limited to economic losses. Under the Economic Loss Doctrine, a party to a construction contract cannot maintain an action against a contractor for breach of contract if the plaintiff seeks damages that are the type of losses that arise from negligent injury to a person or negligent damage to property.
The owner’s losses arise out of a contract for which the owner is restricted to the economic damages — loss of the “commercial expectation” or “benefit of the bargain” that was purchased in the construction contract. However, if an accident or defect at the construction site was caused by someone’s negligence and results in personal injury or property damage, the Economic Loss Doctrine does not apply. Lawsuits for breach of a noncontractual duty may be brought seeking negligence damages — injuries to person or damages to property founded in negligent conduct.
Our lawyers provide legal counsel for clients throughout Kane County and DuPage County, Illinois, and the collar counties of metropolitan Chicago. Call 630-457-1691 or contact us by email to discuss your legal concerns with one of our construction law attorneys today.
We provide legal counsel and representation in all areas of construction law, including:
- Mechanic’s Liens and Collections Actions
- Building and Remodeling Defect Litigation
- Contract Specification Breaches and Nonperformance Disputes
- Subcontractor Nonperformance Litigation
- Consumer Fraud and Deceptive Business Practices
- Government Bids and Contract Terms
- Claims Under the Illinois Home Repair and Remodeling Act