Imagine that you are general counsel for a construction or design firm. A complaint arrives on your desk in which a client has accused your company of myriad failures, including significant cost overruns and defects in your work. You find the familiar line-up of claims in the complaint, such as breach of contract and negligence, but then you encounter something unexpected: a claim for breach of fiduciary duty. The plaintiff—a typical client who engaged your firm in an arm's length transaction—cannot possibly show that your company is its fiduciary, right? Well, not quite.
Please click here to read the full text of this article
Originally published by the New York Law Journal
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
