New Appellate Ruling Increases Residential Builders’ Exposure to Defect Liability in Illinois

Illinois law on the implied warranty of habitability (IWH) is continuously changing, and residential builders should take notice of a new opinion issued by the Appellate Court, First District, on October 26 in a construction defect dispute. Although the procedural history is convoluted (the opinion consolidated three separate appeals), the underlying fact pattern is fairly typical: a condominium association discovered latent defects causing water infiltration and sued both the developer-vendor and its general contractor-builder (GC) for breach of the IWH. In turn, the developer sued the GC for breach of contract and indemnity, and the GC sued the subcontractors that performed the allegedly defective work for contract and warranty breaches.      Read the article……………..


Related Articles

B.C. Human Rights Tribunal accepts condo language complaint

The B.C. Human Rights Tribunal has accepted a complaint filed by seven condo owners in Richmond, B.C., who say their strata council has been conducting meetings in Mandarin

Governor Signs Senate Bill 918 (CA)

On September 28, 2016, Governor Brown signed into law Senate Bill 918, adding Civil Code Section 4041 to the Davis-Stirling

Court Confirms Condo Board Member’s ‘Unfettered’ Rights to Access Books, Records (NY)

As litigants and lawyers have discovered the efficacy of enforcing statutory and common-law books-and-records access rights through summary proceedings, this