Legal Articles

Economic Loss Doctrine

Contract claims and tort claims are generally separate theories of recovery. Indeed, “the mere failure to perform a contract cannot serve as the basis of tortliability.” State ex rel. William Ranni Assoc., Inc. v. Hartenbach, 742 S.W.2d 134, 140 (Mo.1987). In a similar vein, or stated differently, the economic loss doctrine prohibits a plaintiff from…

Contract: Time for Performance

Written contracts often include precise language covering when certain acts must be done. For example, contracts often include provisions as to when payment should be made and when parties are obligated to perform their contractual duties. What happens when a contract is silent on timing? When a contract does not specify a time for performance,…

Contract Statute of Limitations

Five years is the general statute of limitations in Missouri. There are two different statutes of limitations applying to breach of contract claims. Section 516.120(1), RSMo requires “all actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and…

Acceptance Doctrine: General Contractors and Subcontractors

Construction and breach of contract litigation can be complex because of the number of parties and the confluence of differing legal relationships in a given dispute. For example, a general contractor and subcontractor will have differing legal responsibilities to each other versus the underlying land/property owner. There are specific legal theories and defenses that can…

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