There are many service providers in the real estate industry, such as real estate agents, architects and contractors. Some of these service providers must obtain certifications and licenses from the state in order to do business, while others are not so required. Either way, most of these service providers are retained by way of written contract. Many times when there is a falling out, there are claims of both breach of contract and negligence.
In Greenwood Land Co. v. Omnicare Inc., the U.S. District Court for the Western District of Pennsylvania recently precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.
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