SC Courts: Contractors and Subcontractors can Sue Design Professionals for Economic Losses Resulting from Professional Negligence
This entry was posted on 5/7/2007 10:03 PM and is filed under South Carolina Construction Law,Liability and Risk Management.
In South Carolina, contractors and subcontractors can sue design professionals for economic losses resulting from professional negligence. See Tommy L. Griffin Plumbing & Heating Co. v. Jordan, Jones & Goulding, Inc., 320 S.C. 49, 57, 463 S.E.2d 85, 89 (1995). A contract does not have to exist between the contractor or subcontractor and the architect or engineer for liability to arise. Across the country, architects and engineers are increasingly being exposed to liability in tort for plans, specifications, and designs provided for commercial construction projects.
Some states limit the liability of design professionals in tort law by application of the Economic Loss Rule. The Economic Loss Rule prohobits actions in tort for economic damages (damages that are not personal or to property).
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