Sienna Court Condominium Assoc. v. Champion Aluminum Corp.

Illinois Supreme Court
Civil Court
Implied Warranty of Habitability
Citation
Case Number: 
2018 IL 122022
Decision Date: 
Friday, December 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Certified question answered; appellate court reversed; circuit court reversed; remanded.
Justice: 
BURKE

The purchaser of a newly constructed home may not assert a claim for breach of implied warranty of habitability against a subcontractor who took part in the construction of the home, where subcontractor had no contractual relationship with the purchaser. The loss that can be recovered under implied warranty of habitability, which sounds in contract and not in tort, is pure economic loss. (KARMEIER, THOMAS, GARMAN, THEIS, and NEVILLE, concurring; KILBRIDE, dissenting.)