Illinois Supreme Court
Civil Court
Implied Warranty of Habitability
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.)