ASFE Updates Limitation of Liability and Economic Loss Doctrine Bibliographies Both Available Free

ASFE/The Geoprofessional Business Association has just published new editions of its comprehensive Design Professional Limitation of Liability Case Index and Bibliography of Economic Loss Doctrine Cases available free to all geoprofessionals.

Prepared for ASFE's Legal Affairs Committee by Terence J. “Terry” Scanlan, Esq., a principal of the Seattle (WA) law firm Skellenger Bender, P.S., both documents are now on-line at www.asfe.org.ASFE introduced the limitation of liability (LOL) concept to the design and environmental professions in 1969. Recorded use of the concept in commerce can be traced to the early 1600s. Not all the cases listed in ASFE’s new Index relate to design and environmental professionals. They span the period 1956 to 2012. Each indexed listing identifies the case by name, citation, jurisdiction, and the points or holdings
involved.The economic loss doctrine (ELD) is an important protection for design professionals, who therefore need to know in which states it is and is not applied, and to what extent. The economic loss doctrine bars use of tort claims (e.g., professional negligence and negligent misrepresentation claims) to recover purely economic losses, such as those stemming from property damage or construction delays. In states that uphold the doctrine in full, purely economic damages may be recovered from design professionals only via breach of contract suits, limiting claimants to design professionals’ clients, as opposed to third parties. Bibliography of Economic Loss Doctrine Cases comprises a state-by-state status report on the economic loss doctrine. It includes case citations that can be used for research purposes.

Established in 1969, ASFE/The Geoprofessional Business Association exists to “Help geoprofessionals maximize their importance and value to the marketplace, achieve business excellence, and manage risk.” Geoprofessional firms provide geotechnical, geologic, environmental, construction materials engineering and testing, and related professional services. All ASFE-member firms' technical activities are under the full-time control of an individual who is legally and/or ethically bound to hold paramount public health, safety, and welfare. ASFE's associate membership comprises geoprofessional educators; geoprofessionals employed by government agencies, not-for-profit organizations, and industry; and attorneys and other consultants to ASFE-member firms.Obtain more information about ASFE at its website (www.asfe.org) or by contacting the organization at [email protected] or 301/565-2733.