This time the questions are certified to the Vermont Supreme Court. The case, Hunt Construction Group, Inc. v. Brennan Beer Gorman/Architects, P.C.
, involves a dispute between a general contractor and design professionals. The District Court dismissed the action, holding that the action was barred by the Vermont economic loss doctrine. The question certified by the Second Circuit are:
1. Does the economic loss doctrine bar a contractor from seeking purely economic damages against design professionals who allegedly provided negligent professional services in violation of the designed professionals' contractual obligations with a mutual counterparty?
2. Does the economic loss doctrine apply to claims of negligent misrepresentation?