(June 2012) DeBlasio & Donnell LLC finalized a settlement for an architect that was sued for negligence and breach of contract in Cook County Circuit Court. The firm filed a motion to dismiss the claims against the architect, and a settlement was reached within a few days thereafter. The lawsuit involved renovations to a commercial office property in DuPage County, Illinois, and claims were also asserted against the general contractor on the project and other defendants.
Recently, the Illinois Supreme Court reaffirmed that the scope of a design professional’s duty is limited to the terms of its contract, and will not be expanded beyond those terms, whether by expert opinion or otherwise. See Thompson v. Gordon, 241 Ill.2d 428, 448-49 (2011) (citing Ferentchak v. Village of Frankfort, 105 Ill.2d 474, 482 (1985)); see also, Tolan and Son, Inc. v. KLLM Architects, Inc., 308 Ill. App. 3d 18, 26 (1st Dist. 1999). Thus, the terms of a contract for architectural services serves as the cornerstone for defending a claim against a design professional, such as an architect or engineer.
DeBlasio & Donnell LLC has extensive experience defending design professionals in real estate and construction litigation cases, including the defense of architects and engineers. For more information, please visit our website at www.dd-lawfirm.com.
Disclaimer: While DeBlasio & Donnell LLC welcomes communications via its website, please be aware that communicating any information to DeBlasio & Donnell LLC or any of its attorneys through its web site or via any other method without a formal engagement with the Firm does not constitute or create an attorney-client relationship between you (or any other users, senders or recipients) and DeBlasio & Donnell LLC or any of its attorneys. For your protection, please do not send us confidential information until you have spoken with one of our lawyers and received authorization to send that information to our Firm. Thank you.