---
title: No Express Misrepresentation Needed To Assert A Negligent Misrepresentation Claim Against A Design Professional in PA
description: In construction claims, Pennsylvania's economic loss doctrine generally bars tort claims against parties to which the contractor has no privity of contract and has suffered only economic harm - i.e. lost profits, delay damages, etc. Until 2005, the economic loss doctrine prevented contractors and subcontractors from suing an owner's design professional directly for economic losses resulting from defective designs.
---

[![CCA an Aperture Company](https://www.ccaco.com/hs-fs/hubfs/cca.png?width=230&height=95&name=cca.png "CCA an Aperture Company")](http://ccaco.com)

[** ](https://www.ccaco.com/blog/no-express-misrepresentation-needed-to-assert-a-negligent-misrepresentation-claim-against-a-design-professional-in-pa#)

CCA Blog

![inner-background.jpg](https://www.ccaco.com/hs-fs/file-2302026155-jpg/2014_Images/banners/inner-background.jpg?width=1300&name=inner-background.jpg "inner-background.jpg")

# No Express Misrepresentation Needed To Assert A Negligent Misrepresentation Claim Against A Design Professional in PA

 [fa icon="calendar"] Feb 29, 2016 3:20:44 PM / by [Gaetano P. Piccirilli And Zachary D. Sanders, With Commentary By Kenneth R. Quigley, PE](https://www.ccaco.com/blog/author/gaetano-p-piccirilli-and-zachary-d-sanders-with-commentary-by-kenneth-r-quigley-pe)

| ### Guest Post **By: **[**Gaetano P. Piccirilli **](http://www.klehr.com/?t=3&A=9252&format=xml&Gaetano%20P.%20Piccirilli)**and Zachary D. Sanders** In construction claims, Pennsylvania's economic loss doctrine generally bars tort claims against parties to which the contractor has no privity of contract and has suffered only economic harm - i.e. lost profits, delay damages, etc. Until 2005, the economic loss doctrine prevented contractors and subcontractors from suing an owner's design professional directly for economic losses resulting from defective designs. In 2005, the Pennsylvania Supreme Court, in* Bilt-Rite Contractors, Inc. v. The Architectural Studio*, held that a design professional may be liable for economic losses to a contractor or subcontractor under a negligent misrepresentation theory in situations "where it is foreseeable that the [design documents would] be used and relied upon by third persons, even if the third parties have no direct contractual relationship with the supplier of information." On both sides attorneys involved in* Bilt-Rite* claims questioned whether a contractor in alleging a* Bilt-Rite* claim needed to plead an express misrepresentation or whether allegations that the design documents themselves were incorrect was sufficient. Recently, in* Gongloff Contracting v. L. Robert Kimball & Associates*, the Pennsylvania Superior Court answered the question in favor of contractors. Under* Gongloff*, a design professional may be liable simply for including faulty information in its design documents. In* Gongloff*, the sub-subcontractor, Gongloff, provided work related to the erection of the structural steel supporting a roof on a convocation center project at California University of Pennsylvania. During construction, Gongloff asserted that the roof design was faulty and defective, and submitted over 80 change orders for additional work. Eventually, Gongloff sued the design professional for negligent misrepresentation to recover its additional costs. In deciding a motion for judgment on the pleadings, the trial court reasoned that the design professional's plans and designs were not "express misrepresentations," as necessary to establish a negligent misrepresentation claim, and that Gongloff needed to assert a specific communication provided by the design professional that was false. To the benefit of Gongloff and other contractors similarly situated, the Superior Court reversed and held that* Bilt-Rite* did not require a plaintiff to assert an "express misrepresentation," but only an "actual misrepresentation," meaning deficient plans alone without any communication between the parties were sufficient to maintain a *Bilt-Rite* claim. Per the Court: [t]he design itself can be construed as a representation by the architect that the plans and specifications, if followed, will result in a successful project. If, however, construction in accordance with the design is either impossible or increases the contractor's costs beyond those anticipated because of defects or false information included in the design, the specter of liability is raised against the design professional. In sum,* Gongloff* establishes that a design professional can be liable for economic damages in Pennsylvania under* Bilt-Rite* based upon its design documents alone, even where there has been no communications between the design professional and the contractor, if the contractor relied on those design documents to its detriment. |
| --- |

 Topics: [Root Cause Analysis](https://www.ccaco.com/blog/topic/root-cause-analysis), [Litigation Support](https://www.ccaco.com/blog/topic/litigation-support), [Construction](https://www.ccaco.com/blog/topic/construction), [Construction Defect](https://www.ccaco.com/blog/topic/construction-defect), [Forensics](https://www.ccaco.com/blog/topic/forensics)

- [Tweet](https://twitter.com/share)

#### Written by [Gaetano P. Piccirilli And Zachary D. Sanders, With Commentary By Kenneth R. Quigley, PE](https://www.ccaco.com/blog/author/gaetano-p-piccirilli-and-zachary-d-sanders-with-commentary-by-kenneth-r-quigley-pe)

### Recent Posts

### Posts by Tag

- [Construction (56)](https://www.ccaco.com/blog/topic/construction)
- [Engineering (40)](https://www.ccaco.com/blog/topic/engineering)
- [Forensics (39)](https://www.ccaco.com/blog/topic/forensics)
- [News (37)](https://www.ccaco.com/blog/topic/news)
- [Construction Defect (33)](https://www.ccaco.com/blog/topic/construction-defect)
- [Insurance (32)](https://www.ccaco.com/blog/topic/insurance)
- [Catastrophe Response (27)](https://www.ccaco.com/blog/topic/catastrophe-response)
- [Architecture (25)](https://www.ccaco.com/blog/topic/architecture)
- [Water Damage (24)](https://www.ccaco.com/blog/topic/water-damage)
- [Structural Integrity (20)](https://www.ccaco.com/blog/topic/structural-integrity)
- [Water Intrusion (20)](https://www.ccaco.com/blog/topic/water-intrusion)
- [Environmental (19)](https://www.ccaco.com/blog/topic/environmental)
- [Owner's Representative (19)](https://www.ccaco.com/blog/topic/owners-representative)
- [Project Management (19)](https://www.ccaco.com/blog/topic/project-management)
- [Trouble Project Turnaround (19)](https://www.ccaco.com/blog/topic/trouble-project-turnaround)
- [Hurricane Damage (18)](https://www.ccaco.com/blog/topic/hurricane-damage)
- [Root Cause Analysis (18)](https://www.ccaco.com/blog/topic/root-cause-analysis)
- [Storm Damage (17)](https://www.ccaco.com/blog/topic/storm-damage)
- [Litigation Support (16)](https://www.ccaco.com/blog/topic/litigation-support)
- [Building Envelope (4)](https://www.ccaco.com/blog/topic/building-envelope)
- [COVID-19 (3)](https://www.ccaco.com/blog/topic/covid-19)
- [Disaster (3)](https://www.ccaco.com/blog/topic/disaster)
- [Service-Envi Contamination Investigation&Forensic (3)](https://www.ccaco.com/blog/topic/service-envi-contamination-investigationforensic)
- [Disasters (1)](https://www.ccaco.com/blog/topic/disasters)
- [Flood (1)](https://www.ccaco.com/blog/topic/flood)
- [Forensic Investigation (1)](https://www.ccaco.com/blog/topic/forensic-investigation)
- [Mission-Critical Facilities (1)](https://www.ccaco.com/blog/topic/mission-critical-facilities)
- [Project - Hospitality (1)](https://www.ccaco.com/blog/topic/project-hospitality)
- [Service - Roof (1)](https://www.ccaco.com/blog/topic/service-roof)
- [legionella (1)](https://www.ccaco.com/blog/topic/legionella)

[See all](https://www.ccaco.com/blog/no-express-misrepresentation-needed-to-assert-a-negligent-misrepresentation-claim-against-a-design-professional-in-pa#)

### Stay Up to Date with Our Latest Content

- [![linkedin](https://www.ccaco.com/hs-fs/file-2246924294-png/2014_Images/in.png)](https://www.linkedin.com/company/cca-construction-consulting-associates-llc)

Engineering services in New York will be provided by CCA Consulting & Engineering, P.C.

CCA, CONSTRUCTION CONSULTING ASSOCIATES, LLC © 2021. ALL RIGHTS RESERVED

The materials and information contained on this website have been prepared by CCA, LLC solely for general informational purposes and do not constitute advice. You should not act, or refrain from acting, based upon any information on this website.

The description anywhere on this website of the results of any specific case or transaction does not mean or suggest that similar results can or could be obtained in any other matter. Each matter must be considered to be unique and subject to varying results. Results may vary depending on your particular facts and circumstances and the law applicable to your situation. You should consult an attorney for advice concerning your specific situation.