Construction Blog

An Illinois appellate court has held that buyers of residential property may maintain an action against subcontractors who provided labor in the construction of their home, if there is a defect in their home that makes it not suitable for its intended purpose as a residence. Sienna Court Condominium Ass'n v. Roszak/ADC, LLC, No. 122022, 1st Dist. This court found that homeowners may bring an action against the subcontractors, if the general contractor is insolvent, even if the GC maintained a warranty fund.

While the implied warranty of habitability has been a concern to homebuilders, since it was first recognized by the courts, subcontractors need to be concerned with the effect of the warranty, as well. In a recent case brought by the Sienna Court Condominium Association in Evanston, Illinois, the 1st District Appellate Court addressed the holdings that allow a property owner to bring a claim to correct a latent construction defect directly against one or more subcontractors.