Every once in a while the 1st Win for the Building Industry in Court District Appellate Court (Chicago) makes a good decision: In 1400 Museum Park Condominium Ass’n v. Kenny Construction Co., 2021 IL App (1st) 192167 (August 5, 2021) the court held that a Purchaser of a newly constructed condominium unit may not pursue a claim for breach of the implied warranty of habitability against the general contractor, where there was no privity of contract between the general contractor and the purchaser. The case involved a dispute over alleged latent defects in construction of the common elements of a condominium building, in the design, materials, and construction of the building's plumbing system. While this is a very favorable decision for builders, other courts have allowed purchasers to make a claim; and the original owner can always make a claim under this implied warranty, unless it has been expressly and knowingly waived. So builders are wise to have their contracts checked by their attorney, to see that they include a knowing waiver for which consideration is paid. Sue Schultz, Counsel Page 14
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