J.S. Reimer, Inc. v. The Village of Orland Hills

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 120106
Decision Date: 
May 10, 2013
1st Dist.
Cook Co., 5th Div.
Village sued architect for breach of contract and fraud, for faulty architecture and design in building of new community center. Center's concrete floor is sinking into the ground as it was built over peat. Court properly granted summary judgment for architect as time-barred by four-year construction statute of limitations. Language in standard form contract provided that limitations period would expire in fixed time frame from date of substantial completion, regardless of whether injury was discovered or discoverable then. Transaction was at arms-length, and allegations that Village trusted architect to fulfill its contractual obligations are insufficient to transform relationship into one of confidence.(HOWSE and PALMER, concurring.)