Construction E-Note - March 28, 2013

In This Issue:

- The Emperor’s New Economic Loss Rule

- The Architect's Role in the Construction Project

- USCIS Introduces New Form I-9

- Considering Construction Delivery Methods on Public Works

- The Other Side of the "Fiscal Cliff"

- Construction Defect Litigation: From A to Z

- Forty Burr & Forman Attorneys Recognized as “Leaders in their Field” by Chambers USA 2013

- Burr & Forman Adds Financial Services Litigation Attorney in Ft. Lauderdale

- Burr & Forman Named as 2013 Go-To Law Firm for Top Fortune 500 Companies for Work in


- Burr & Forman Elevates Eight Attorneys to Partnership

- Burr & Forman's Scott Hitch Selected for Green Chamber of the South’s Board of Directors

- Regional Headlines

- National Headlines

- Excerpt from The Emperor’s New Economic Loss Rule:

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with theEconomic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tortdamages in a breach of contract action where the damages are limited to an “economic loss.” Breach damages are typically limited to the amount of expectation damages one would normally anticipate from contractual non-performance.In a simple breach, therefore, one could calculate the cost to cure the breach and measure the damages. Tort damages,in contrast, are not necessarily constrained to strict formulas or calculations. As a result, a negligent driver causing an injury can expect to pay damages, whereas a grossly negligent driver causing the same injury may end up paying higherdamages. The possibility of seeking negligence damages in an amount higher than otherwise available for contractdamages was a plaintiff’s dream.

Please see full E-Note below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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