HB - 2094 v.2.0 - Architect Friendly?
We had been reporting and continue to report on HB 2094 which would bring the Structural Work Act back into existence. We had also reported on the original act from 1907 which demonstrated that little work had been performed to update an act to adapt to today's methods of construction and actually provide for worker safety.
Another amendment was introduced to the bill on April 29 which is being held up (the final action deadline for tomorrow has not yet been extended). The amendment deletes the previous section 8 and adds this:
"Section 11. Illinois licensed design professionals. Notwithstanding the provisions of Section 9 of this Act, no right of action shall accrue under this act against an Illinois licensed design professional who does not have any responsibility for work-site safety and whose involvement, role, and activity is solely and exclusively limited to architectural, engineering, or land surveying services. For purposes of this Section, "Illinois licensed design professional" means a person or entity who, at the time the services in question were performed, was registered as an Illinois Professional Design Firm or held an active license as an architect under the Illinois Architecture Practice Act of 1989, a structural engineer under the Structural Engineering Practice Act of 1989, a professional engineer under the Professional Engineering Practice Act of 1989, or a land surveyor under the Illinois Professional Land Surveyor Act of 1989."
The proposed amendment would take out the section that had previously required the design professional to comply with the statute. It leaves in section 9, which gives a private right of action to anyone injured for "direct damages." We'll have to wait and see if it is adopted, but this is certainly a boon for the design professional community.
