b'BUSINESS TIP ed home cannot assert a claim for breachoftheIWHagainstacon-tractorwhenthatcontractorhad nodirectcontractualrelationship with the purchaser even if the build-er-developerisinsolventandthe homeowner has no other recourse. PlanislopeRSisarapid- Siennabringsmuch-neededclar-setting,pre- ityforowners,generalcontractors b l e n d e d ,andsubcontractorswhoprevious-polymer-mod- lyhadtofacepotentiallyconflict-ifiedmortaringapproachestoIWHclaims.In thatincludesSienna,theCourtemphasizedthat thewarrantywasanimpliedcon-ablendoftractual term and therefore reasoned selectaggre- thatabsentcontractualprivitythe gates.ItisIWHcouldnotbeappliedtothe designedforquickandeffec- subcontractors.ToputtheSienna tivepre-slopingunderwater- decision briefly in context, although proofingmembranesandthe doctrine of implied warranty of thick-bedmortarinstallations.habitability was first recognized by Planislope RSsetsin1to2the Illinois Supreme Court in 1979, hours and provides a smooth,Illinois still did not allow homeown-levelfinish.Idealforuseiners to pursue a claim for breach of showers,theproductcanbeanimpliedwarrantyofhabitability againstacontractorwithwhomit appliedinotherinteriorandhad not contracted. But subsequently exterior,wetanddryenviron- in 1983 the Illinois Appellate Court ments.for the First District in Minton v. The PlanislopeRSiswellsuit- Richards Group of Chicago held that ed for a variety of substrates,the IWH could be asserted against includingconcrete,masonrycontractors(includingdownstream cementblock,cementback- lower tier contractors) by homeown-erunits(CBUs),cementanders who sustained a loss due to the porcelain tile, and adequatelyfaulty and latent defect in their new designedwoodframefloorhome caused by the subcontractor systems. www.mapei.com.andwhenthebuilder-vendorwas insolvent. Minton became the prec-edentfollowedinIllinoisforthree decadesuntilitwasoverruledby Sienna in late 2018. 40TileLetter | May 2019'