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Commentary

OPINION: In construction, be careful what you contract for

Brian Zimmerman

The Wisconsin Court of Appeals recently reaffirmed the application of the economic-loss doctrine as a bar to negligence claims caused by certain defects in construction. Kmart Corporation v. Herzog Roofing, Inc., No. 2017AP1041, (Wis. App. 3rd Dist., Oct. 30, 2018). The decision clarified the broad application of the economic-loss doctrine to bar economic damages that are foreseeable under a contract, incorporating contract terms in its analysis.

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