Three consolidated appeals, all arising from condominium association's suit alleging defects in design and construction of a condo development in Evanston. Court properly dismissed claims for breach of implied warranty of habitability, as such claims may not be asserted against design professionals and materials suppliers who did not actually perform construction work. A property owner is not barred from asserting claim of breach of implied warranty of habitability against subcontractor of insolvent developer or general contractor. Court properly dismissed counterclaims of condo development's general contractor (which is insolvent and has been dissolved), as counterclaims were not asserted within a reasonable time after its dissolution. (HOFFMAN and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Implied Warranty of Habitability