Jim Sipchen, Pat Eckler and Alex Beehler Pen Article Regarding Breach of Implied Warranty of Habitability Claims

Pretzel & Stouffer attorneys, Jim Sipchen, Donald Eckler, and Alex Beehler, recently published a feature article in the Illinois Defense Counsel Quarterly entitled: “Another Chink in the Armor: The Illinois Supreme Court;’s Sienna Court Decision Narrows the Applicability of Breach of the Implied Warranty of Habitability Claims.”

 

The Supreme Court opinion overruled the First District’s decision in Minton v. The Richards Group of Chicago, which had allowed direct actions against subcontractors where the developer was insolvent. Based on overruling Minton, Jim, Pat, and Alex stated in the article that: “[f]ollowing Sienna Court, subcontractors will no longer be directly liable for a breach of implied warranty of habitability … the Court held that Minton was incorrectly decided because it did not consider a significant issue that would have been dispositive – the economic loss doctrine.”