Professional Design Firms and Licensed Architects
We've come across quite a few architects and engineers who
seem to forget that a professional design firm needs to be registered. It's an extra step, in addition to the
professional's individual licensure and registration that's required in
Illinois. But what exactly is the impact
of forgetting to register?
Here's an interesting case from the Central District of Illinois, pointing out that a contract will not be voided, and a developer's claim for restitution will not stand even if a professional forgets to register the design firm. In Brethren v. OSM (C.D. Ill. 06-3161) the court points out that even though a firm may forget to register, the work was still done by a licensed professional and as such, there is no claim.
Now, if the professional performing the work was unlicensed, certainly the restitution claim would be able to go forward. The only real teeth the registration law has to compel the registration of the firm comes from the statute authorizing penalties for such a failure to register, 225 ILCS 305/21. Work by a licensed architect is still work by a licensed architect.
