Section 11.17 Emerging Negligent Misrepresentation Exception

• Library: Construction Law 2016 Supp

3. (§11.17) Emerging Negligent Misrepresentation Exception

Some states have taken a different approach to the limitations they believe exist in the application of the economic loss doctrine. Two recent decisions, one from Missouri and one from Illinois, illustrate the approach and the recognition of an exception to the doctrine’s protection from the tort of negligent misrepresentation.

Missouri faced the question of whether the lack of contractual privity insulated an engineer from the claims of a disgruntled home owner in Miller v. Big River Concrete, 14 S.W.3d 129 (Mo. App. E.D. 2000). During construction of their new home, the plaintiffs noticed crumbling of the...