The Duty of Design Professionals and the Privity Defense

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It has been long settled that a contractor may maintain an action against a design professional even in the absence of contractual privity. However, while current law supports the proposition that a contractor may maintain an action for negligence against a design professional for purely economic damages even in the absence of contractual privity, the design professional’s duty to such a contractor must be tempered against the overall degree of responsibility the design professional has agreed to undertake per his or her contract.

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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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