Franco Moroney Buenik LLC represented one of the subcontractors in a condominium construction defect case before the Illinois Supreme Court where the claim was over $8 million. The Illinois Supreme Court granted the subcontractors’ Petition for Leave to Appeal in order to review the Appellate Court’s affirmance of the Trial Court’s denial of the subcontractors’ Motion to Dismiss and the Appellate Court’s responses to certified questions. Following briefing and oral argument, the Illinois Supreme Court reversed the Trial Court’s and Appellate Court’s denial of the subcontractors’ motion to dismiss, and remanded the case to the lower courts for dismissal of the implied warranty of habitability claims against the subcontractors. In doing so, the Illinois Supreme Court overturned the Appellate Court’s 35-year old ruling in Minton v. The Richards Group of Chicago that permitted homeowners to directly sue subcontractors for construction defects despite a lack of privity where the builder or vendor was bankrupt. Read the opinion here.
