Brian Zimmerman authored an article published in The Daily Reporter, addressing new twists the Wisconsin Court of Appeals added to the befuddling economic-loss doctrine in a recent construction defect case. Kmart Corporation v. Herzog Roof, Inc., No. 2017AP1041, (Wis. App. 3rd Dist., Oct. 30, 2018). The article discusses the application of the economic loss doctrine, how a contract for services can morph into a contract for goods, peculiarities of the “other property” exception, and how boilerplate liability provisions can define foreseeability in an unforeseeable setting. Brian R. Zimmerman, In construction, be careful what you contract for, The Daily Reporter, Mar. 15, 2019.
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