Lian Skaf

The economic loss doctrine (ELD) has been a thorn in the side of subrogation practitioners for some time. Particularly in states that enforce it strictly, an adverse ruling based on the doctrine can sometimes be an unexpected...more On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get...more The economic loss doctrine is a concept in subrogation law that is often debated and rarely completely understood. Even when a subrogation practitioner may think they have it figured out, a new scenario presents itself that...more Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect...more