Ill. Court Says Implied Warranty Claim Isn't Limited to Builder-Vendors

CHICAGO - An Illinois appellate court has reinstated condominium owners' implied warranty of habitability claim against their building's general contractor, rejecting the contractor's assertion that such claims are only viable against a builder who also sells the homes. 1324 W. Pratt Condominium Association v. Platt Construction Group, No. 1-10-0159 (Ill. App., Ct., 1st Dist.).

The First District Appellate Court on Sept. 28 affirmed the trial court court's dismissal of a negligence count against Platt Construction Group, however, finding no "sudden or dangerous occurrence" that would allow an exception to a rule precluding tort claims for purely economic losses.

Members of …