Illinois Appellate Court
Civil Court
Implied Warranty of Habitability
As Defendant roofing company was contracted to perform work on roof, HOA's claim for breach of warranty and breach of implied warranty of habitability arising out of faulty work on roof falls within scope of indemnification agreement that counterdefendant developer entered into with roofing company. Under plain language of indemnity provision between developer and other roofing contractor had duty to defend and indemnify developer as to negligence and breach of implied warranty of habitability claims filed by HOA. Claim based on implied warranty of habitability is a contract claim and roofing company is obligated to defend and indemnify developer under its contract.(ELLIS and McBRIDE, concurring.)