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Construction Law Practice: Arizona's Economic Loss Rule: Tort vs. Contract: Chapter from Arizona Construction Law Practice Manual, 3rd ed. 2016

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Construction Law
Robert O. Dyer


§ 3.8.1 Introduction

§ 3.8.2 Sanctity of Contract

§ 3.8.3 Freedom of Contract Constraints

§ 3.8.4 A Preference for Contract Remedies

§ 3.8.5 Seely/East River/SRP v. Westinghouse

§ 3.8.6 General Liability Insurance

§ 3.8.7 Tort Actions vs. Arizona Contract Actions: Generally

§ 3.8.8 Tort vs. Contract: Measure of Damages

§ 3.8.9 Tort vs. Contract Defenses

§ 3.8.10 Assumptions Underlying Contract Law

§ 3.8.11 The ELR in Arizona

§ 3.8.12 Privity Is Essential to the ELR

§ 3.8.13 Privity Is Not Essential to the ELR

§ 3.8.14 Owner Claims Against Subcontractors

§ 3.8.15 The Integrated Systems Limitations

§ 3.8.16 The ELR and Design Professionals: The Preeminence of Donnelly

§ 3.8.17 Conclusion



Robert O. Dyer Related Seminars and Products

Mr. Dyer received his B.A. in 1971 from Stanford University and his J.D. in 1974 from the University of Utah. He then clerked for the Honorable F. Henri Henriod, Utah Supreme Court. He is a former chairman of the Construction Law Section of the State Bar of Arizona. He is also a member and vice chair of the Fidelity and Surety Committee, Tort and Insurance Practice Section of American Bar Association. Mr. Dyer is an author of several construction law publications: The Allocation of Recoveries Between Employer and Surety in Fidelity Bond Cases, 1998 Surety Claims Institute; Summary Judgment Motions in Fidelity Coverage Litigation - Workable or Not?, Tort and Insurance Practice Section, American Bar Association (1998); Ethical Considerations to Multiple Representation in Construction and Surety Bond Litigation, The Construction Lawyer (1997); Recent Innovations in Public Works ADR, 1995 Wiley Construction Law Update; Fiduciary Bonds, 1994 Fidelity and Surety Trial Practice Program on Miscellaneous Bonds, International Association of Defense Counsel; A Comparison: Arizona Mechanic’s and Materialmen’s Lien Law, California Mechanic’s and Materialmen’s Lien Law, Uniform Construction Lien Law, 1990 Annual Convention, State Bar of Arizona; Ethics in Litigation, Maricopa County Bar Assoc. Seminar (1990); Contributing Editor, Arizona Construction Law, State Bar of Arizona.