Illinois Appellate Court
Civil Court
Breach of Warranty
Condominium association sued for damages from faulty construction of residential building under breach of implied warranty of habitability. Any disclaimer of implied warranty of habitability is governed by contract law. Disclaimer does not protect general contractor-builder or masonry company. Condominium association cannot proceed against masonry subcontractor while it still has recourse against solvent general contractor-builder. (LAVIN and STERBA, concurring.)