Professional negligence and negligent misrepresentation against design professionals are significantly different. With the exception of having to prove conduct that deviated from the professional's standard of care, these tort theories require different proof and do not overlap. However, the line of demarcation between the two is becoming increasingly blurred. More and more, when plaintiffs are faced with the Pennsylvania Economic Loss Doctrine defense to a professional negligence claim because of a lack of contractual privity, they attempt to reclassify their claim to one of negligent misrepresentation without properly amending their allegations.
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Construction Law
Professional Negligence vs. Negligent Misrepresentation
The Legal Intelligencer
August 7, 2012
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