Professional Liability Blog

Legislatively-enacted statues of repose eliminate causes of action after a specified period of time and benefit design professionals by establishing a finite period of time in which a party can bring a civil action against them, thereby preventing stale claims and the difficulty of defending a suit where evidence and witnesses are no longer available.

Recently, the Illinois Appellate Court had to decide whether a claim for breach of the implied warranty of habitability can be brought against condominium architects purportedly responsible for alleged design defects—in particular, when the developer is insolvent. The court said no. Board of Managers of Film Exchange Lofts Condominium Association v. Fitzgerald Associates Architects P.C., 2016 IL App (1st) 113508-U (Ill. App. 2016) (“Fitzgerald”).

In Fisk v. Town of Redding, 138 A.3d 410 (Conn. App. 2016), the Connecticut Court of Appeals decided a plaintiff injured after a fall from a wall could not maintain a public nuisance claim against the architect who designed the project.