933 Van Buren Condominium Assoc. v. West Van Buren, LLC

Illinois Appellate Court
Civil Court
Implied Warranty of Habitability
Citation
Case Number: 
2016 IL App (1st) 143490
Decision Date: 
Thursday, September 8, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HOWSE

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.)