On Feb. 17, the Illinois Appellate Court issued an important ruling regarding the implied warranty of habitability. Sienna Court Condominium Ass ‘n v. Champion Aluminum Corp., 2017 IL App (1st) 143364.
The court confirmed that the implied warranty of habitability does not extend to design professionals or material suppliers who are not involved in construction. The court also said subcontractors remain potentially liable to homeowners under the implied warranty. The insolvency of the builder-vendor is the “determining” factor.
The court confirmed that design professionals are not liable for breach of the implied warranty of habitability. The court’s ruling was consistent with Board of Managers of Park Point at Wheeling Condominium Ass ‘n v. Park Point Wheeling, LLC, 2015 II. App. (1st) 123452.