Chicago Attorney Robert Brunner spoke before the Chicago Bar Association on Oct. 12 concerning recent developments in Illinois law on subcontractor liability in construction defect litigation.

The Illinois Supreme Court recently accepted an appeal in a significant case brought by a condominium association against numerous parties involved with the new construction of a multiunit building, including the general contractor, subcontractors and design professionals. A key issue in the case is whether plaintiffs can assert claims of implied warranty of habitability against subcontractors if they still have recourse against the general contractor. A prior decision by the Illinois Appellate Court in another case held that such claims can be brought against a subcontractor only if the general contractor is insolvent, even if there is other recourse available. The recourse versus insolvency issue is before the Illinois Supreme Court, and its decision likely will have a significant effect on construction defect claims brought in Illinois.

Brunner’s practice is focused on consumer financial services litigation, including representing financial institutions in complex business litigation matters before state and federal trial and appellate courts. He also has extensive experience counseling clients on insurance-related matters and handling complex insurance coverage disputes. He has represented general contractors, subcontractors and condominium associations in construction defect litigation.