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Opinion filed September 17, Barr, and Sidney B. Pardo, for appellant, Comptech International, Inc. Appleby, for appellee, Milam Commerce Park, Ltd. Appellant, Comptech International, Inc.
Once again, we reiterate this Court's strong embrace of the economic loss rule and express desire to uphold the doctrine's underlying policies.
Comptech, a computer hardware distributor, leased commercial space from Milam since Inthe two parties agreed to enter into a second lease. The new lease stipulated that Comptech would lease an additional 13, square feet of warehouse space, and, that Milam would build 2, square feet of office space in the area that Comptech was already leasing.
The lease contained an indemnity provision whereby Comptech agreed to indemnify Milam from all claims for damages arising under the use and occupancy of the premises, including any improvements.
During the construction of the additional office space, Comptech complained that the improvements were not being constructed in a timely and workman-like fashion resulting in damage to its office space and computers. Comptech brought suit against Milam asserting negligence in selection of contractors, negligent construction, damages resulting from violation of the South Florida Building Code, punitive damages, and return of rent illegally collected.
Thereafter, the trial court granted Milam's motion for summary judgment on the sole remaining negligence count finding that: Any duty imposed upon [Milam] to hire a competent contractor to fulfill the terms of the lease agreement at issue wherein additional office space was to be built, was a duty which stemmed from the lease agreement.
Any breach of that duty giving rise to a negligence claim is foreclosed by the Economic Loss Doctrine.
A breach of contract alone cannot support a cause of action in tort. Simply, the ELR does not permit a cause of action for economic damages brought under the South Florida Building Code where the claims are clearly contractual in nature and the cause of action is inseparably connected to the breaching party's performance under the agreement.
See Hotels of Key Largo, Inc. Weekly Da]; Ginsberg v. Lennar Florida Holdings, Inc. In other words, a claim under this statute is subsumed by the ELR because the economic losses sought are no different from those that could have been asserted in a contract action for breach of the lease agreement.
Of course, the economic loss rule will not exclude separate and independent building code violation claims, or claims arising from noncontractual settings.
Specifically, Comptech's complaint alleged its office suffered property damage by: Ruining the flooring there; iii. The policy behind the rule is to encourage contracting parties to protect their economic interests through negotiation and insurance, recognizing that in a free market, disappointed economic expectations are often the unintended result of an imperfect bargain.
In accordance with the ELR's underlying policy, this court on numerous occasions has reiterated its position that disappointed economic expectations are best protected by the law of contract and not tort.
Sunset Amoco West, Inc. This is the basic difference between contract law, which protects expectations, and tort law, which is determined by the duty owed to an injured party. A commercial party always has the ability to protect its interests through negotiation and contractual bargaining or insurance.
The ability of the parties to independently protect themselves from the risk of economic loss through the negotiation process has been a recurring theme in several of this court's recent decisions.
For example, in Palau International Traders, Inc. Likewise, in Standard Fish Company, Ltd. Similarly, in Florida Bldg.
Arnold Corporation, So. More recently, as observed in McDonough Equipment Corp. In Casa Clara, the Florida Supreme Court discussed the exception under the circumstances of plaintiffs who purchased finished products in which the allegedly defective product was a component.Job Description: A minimum of 5 years in a professional senior technical role Posted 2 months ago Content provided by IVY Comptech Pvt Ltd., Info Edge India Limited disclaims all .
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RETL Chapter 4. STUDY. PLAY. work-flow design. is a standardized job analysis questionnaire containing items representing work behaviors, work conditions, or job characteristics that are generalizable across a wide variety of jobs.
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