Representative Matters

Architect Advised on Health, Safety and Welfare Issues in Unsafe Building

We represented an architecture firm facing a delicate situation involving unpermitted demolition work performed by the project owner. During a site visit, the architect discovered that extensive demolition had compromised the building’s structural integrity, creating potentially unsafe conditions, and leading to a governmental stop-work order. The architect had previously cautioned the client against the unpermitted work, explaining the necessity of proper procedures, including permits and licensed oversight for bracing and shoring. While aware of its paramount duty to public health, safety, and welfare, the architecture firm sought our counsel to navigate this situation and disengage from the project without provoking a lawsuit. We counseled the architect on their ethical and legal obligations related to life safety, including those outlined in Section 1150.90 of the Illinois Architecture Practice Act of 1989, which declares the practice of architecture to affect the public health, safety, and welfare, which architects must prioritize. While the owner and on-site contractors maintained that the building was safe and had suggestions for making repairs needed to lift the stop-work order, the architect’s professional assessment differed. We guided the architect in carefully communicating their concerns and withdrawing from the project while upholding their ethical and legal obligations and, critically, prevented the project owner from suing the architect for doing so.