Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute.
The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim.
GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine.
Following the investment entity plaintiff’s loss before the trial court, the Illinois Appellate Court, Fifth District, affirmed the trial court, recognizing that Illinois law does not permit an architect to be liable for implied warranties, and refused to expand such potential liability. The appellate court further reaffirmed that, under well-established Illinois law, an architect is not liable in tort for duties arising from a contract under the economic loss doctrine.
GRSM’s effective trial and appellate advocacy ensures that architects are protected from liability for implied warranties and that the economic loss doctrine bars tort liability arising from contractual duties.