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Construction Defects › Implied Warranty of Habitability › Subcontractors

Miller Canfield

Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

Miller Canfield on

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more

Dickinson Wright

Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Dickinson Wright on

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to...more

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