Condominium Homeowners Association (HOA) discovered that condominium roof was leaking and filed suit against real estate developer which had hired 2 roofing contractors to do roofing work on building it was constructing. Court erred in finding that 2 roofing subcontractors had no duty to defend developer against HOA's claims of breach of warranty and breach of implied warranty of habitability under indemnity provisions of their contracts. Court properly dismissed developer's counterclaims against 2 roofing subcontractors as to their duties to indemnify it against HOA's fraud claims. Indemnity provisions between developer and roofing subcontractors do not violate Construction Contract Indemnification for Negligence Act, as they do not allow developer to seek indemnification based on its own negligence or wrongdoing.(ELLIS and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Construction Contracts