CM Report On Construction (2006)
2006
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on construction-related interests.
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Articles in this report
The Economic Loss Doctrine Defense
The economic loss doctrine was enunciated by the Illinois court in Moorman Manufacturing Company v. National Tank Company, 91 Ill. 2d 69 (1982). The Court held that damages for economic loss may not be recovered in negligence. The Court stated that economic loss has been defined as damages for inadequate value, cost of repair and replacement of the defective product or consequent loss of profits without any claim of personal injury or damage to other property. The Court held that the relationships between suppliers and consumers of goods are more appropriately governed by contract law than by tort law.
Unlicensed Engineer Can Testify In Illinois (But Could Lose License)
In Thompson v. Gordon, 2006 Ill. LEXIS 1083 (June 2, 2006) the court faced the issue of whether a civil engineer must be licensed in Illinois pursuant to the Professional Engineering Practice Act of 1989 (“Engineering Act”) in order to testify as an Illinois Supreme Court Rule 213 retained opinion witness in an Illinois civil action. The Supreme Court held that licensure with the State of Illinois pursuant to the Engineering Act was not a mandatory prerequisite to render an expert opinion in Illinois.
