Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 18

While this book is focused on contract claims, many of the concepts noted herein also apply to tort claims. Tort claims are non-contract claims that arise when one party has a duty to other foreseeable parties, and when this duty is breached, and it results in damage, monetary damages and/or performance are owed. An example tort claim related to a construction project is when a Homeowners Association (HOA) sues developers, design firms, contractors, subcontractors, and vendors due to design and construction elements that fall below the requisite standard of care, even though no contract exists between these parties and the HOA. State statutes and state case law typically define tort law doctrine and remedies. In order to establish duties in a tort claim, “standard of care” experts are often retained by the parties that opine on which duties are owed and if conduct met or fell below the requisite standard of care. Some of the information in Chapter 12 applies to tort claims, such as damage calculations, and fault allocation is covered in Chapter 13. Other non-contract claims are highlighted as well, including: (1) quantum meruit; (2) unjust enrichment; (3) negligence; (4) breach of warranty; and (5) mechanic's lien claims. It is important for claimants and respondents to be familiar with these claims as they often arise during binding dispute resolution.