James W. Ozog

All articles by James W. Ozog

 

Does the Implied Warranty of Habitability Extend to Architects?

First recognized in 1972, the implied warranty of habitability protects building buyers and owners from latent construction defects by permitting recourse from builders and sellers. In a case of first impression, the Illinois Appellate Court recently held that this theory does not extend to the work of an architect. The decision significantly impacts the defense of design professionals in Illinois and is worth considering for all design professionals and the attorneys who defend them.