Ferentchak v. Village of Frankfort

This appeal raises two questions: (i) whether a civil engineer can be held liable for failure to establish minimum foundation grade levels for the plaintiffs’ home when the engineer drew up surface water drainage plans for a custom home subdivision at the request, not of the plaintiffs, but of the subdivision developer; and (ii) whether a village can be held accountable for damage to the plaintiffs’ home when its general rules and regulations for construction were relied upon at the time the home was built.

The plaintiffs, Philip and Caroline Ferentchak, sought recovery against the defendants,…