b'BUSINESS TIPsponsored by New protection for Illinois contractorsthe buck stops at contractual privityBy Daniel Dorfman, Chair, Construction Law Group, Fox, Swibel, Levin & Carroll, LLPPrivity of contract: A concept inquestion,Siennaprovidesmuch-law providing that only parties to aneededguidanceandprotections contract can enforce their rights orto contractors who are not in priv-claims against one another.ity with an owner.In late 2018 the landmark SiennaIn2018,recoveryfordefectsin Court Condominium Association v.the construction of a new residen-Champion Aluminum Corporation tialpropertyagainstacontractor caseoverturnedthreedecadesofwho was not in contractual privity Illinois precedent that had allowedwith an Illinois owner was through owners a narrow exception to assertthedoctrineofimpliedwarranty claimsagainstcontractorsandofhabitability(IWH).TheIWH supplierswithwhomtheowneris a warranty implied by the courts didnothaveadirectcontractualasamatterofpublicpolicythat relationship. TheIllinoisSupremeessentiallypromises(orwarrants) CourtsdecisioninSienna,whilethatahomewillbesuitableasa only applying Illinois law, is impor- residence. Prior to Sienna, owners tantforowners,contractorsandof homes with construction defects suppliers nationwide to review andhadanarrowright(underlimited understand as it addresses the big- circumstances) to sue the contrac-gerquestionofwhenorwhethertor who built the home under the anownercansueacontractorIWH where contractor did not have with whom the owner has no priv- adirectcontractwiththeowner. ityfordefectsclaims(orotherNowunderSienna,however,the types of claims). In answering thatpurchaserofanewlyconstruct-38 TileLetter | May 2019'