Section 11.9 Negligent Misrepresentation

• Library: Construction Law 2016 Supp

E. (§11.9) Negligent Misrepresentation

In AAA Excavating, Inc. v. Francis Construction, Inc., 678 S.W.2d 889 (Mo. App. E.D. 1984), the court of appeals determined that an engineering firm could be liable to a party not in privity of contract on a claim of negligent misrepresentation. Id. at 893–94. AAA Excavating, Inc. (AAA) filed suit against Francis Construction, Inc. (Francis) for damages for additional excavation and grading at the construction site of a National Supermarket. Id. at 891. Francis filed...