Subcontractor Must Face Condo Defect Suit: Ill. Appeals Court

Law360, New York (September 20, 2013, 9:46 PM ET) -- An Illinois appeals court ruled Thursday that a group of Chicago condominium owners may sue a subcontractor that worked on their allegedly defective homes, even though the insolvent primary contractor is still a functioning business.

The appeals court rejected arguments from the subcontractor, EZ Masonry Inc. that it would be unfair to allow the condominium association to pursue its claim against EZ Masonry when the main contractor is a viable business that has succeeded in defending itself in the litigation.

“The law in Illinois is clear....
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