Court of Appeals of Illinois, First District, Third Division
BOARD OF MANAGERS OF THE 1120 CLUB CONDOMINIUM ASSOCIATION, Plaintiff-Appellant,
1120 CLUB, LLC, an Illinois Limited Liability Company, and TRAPANI CONSTRUCTION COMPANY, INC., an Illinois Company, Defendants-Appellees, 1120 Club, LLC, Third-Party Plaintiff-Appellant,
Trapani Construction Company, Inc., Legat Architects, Inc., and The Rise Group, LLC, Third-Party Defendants-Appellees; Trapani Construction Company, Inc., Fourth-Party Plaintiff-Appellant,
MacDonald Construction Services, Inc., Kole Construction Company, Inc., Boyle Construction Company, Inc., Howard Concrete, Streich Corporation, and Stock Building Supply, Inc., Fourth-Party Defendants-Appellees.
from the Circuit Court of Cook County, No. 12-L-7092; the
Hon. Margaret Brennan, Judge, presiding.
Figliulo & Silverman, P.C., of Chicago (Michael K.
Desmond, Gregory L. Stelzer, and Melissa N. Eubanks, of
counsel), for Appeal appellant.
LaBarge, Campbell & Lyon, LLC, of Chicago (Bruce W. Lyon
and Kathleen J. Scanlan, of counsel), for appellee Trapani
Construction Company, Inc.
Cassiday Schade LLP, of Chicago (Joseph A. Giannelli and
Michael D.Pisano, of counsel), for appellee Stock Building
& Cook, LLC, of Chicago (J. Scott Gillman, of counsel),
for appellee MacDonald Construction Services, Inc.
Office of David A. Izzo, of Chicago (Tod H. Rottman, of
counsel), for appellee Kole Construction Company, Inc.
Kreuzer Cores LLP, of Wheaton (Adam S. Kreuzer and Jeffrey
Barger, of counsel), for appellee Boyle Construction Company,
HeplerBroom LLC, of Crystal Lake (Holly C. Whitlock, of
counsel), for appellee Howard Concrete.
Tribler Orpett & Meyer, PC, of Chicago (Michael J. Meyer
and David E.Schroeder, of counsel), for appellee Streich
JUSTICE PUCINSKI delivered the judgment of the court, with
opinion. Justices Lavin and Cobbs concurred in the judgment
1 This matter arises from claims by the plaintiff, Board of
Managers of the 1120 Club Condominium Association (Board),
that a condominium building developed and sold by defendant
1120 Club, LLC (LLC) and built by defendant Trapani
Construction Company, Inc. (Trapani) suffered from a number
of construction defects. In addition to being a direct
defendant on the claims brought by the Board, Trapani was
also a third-party defendant to claims brought by the LLC. In
turn, in response to the claims brought by both the Board and
the LLC, Trapani filed third-party and fourth-party claims
against various subcontractors. This single civil case led to
three separate appeals, which were consolidated.
2 After a somewhat convoluted procedural history, the trial
court granted Trapani's motions to dismiss the claims
brought against it by the Board and the LLC on the bases that
the Board had elected to pursue recourse from the LLC and
thus could not seek recourse from Trapani and that the LLC
lacked standing to bring its claims. The grant of these
motions resulted in the dismissal of Trapani's claims
against the subcontractors. After the trial court entered
Illinois Supreme Court Rule 304(a) (eff. Feb. 26, 2010)
findings on the respective dismissal orders, the Board, the
LLC, and Trapani brought these consolidated appeals. For the
reasons that follow, we reverse and remand for further
4 In May 2009, the Board instituted this action by filing
suit against the LLC and 1120 Retail, LLC (Retail). The Board
then amended its complaint. The Board's amended complaint
alleged that the Board is the governing body of the 1120 Club
Condominium development located at 1124 Lake Street, Oak
Park, Illinois. The Board alleged that residential units and
common elements of the building were damaged as a result of
construction defects, including the installation of fiber
cement siding rather than brick and architectural stone. The
Board further alleged that the fiber cement siding was
improperly installed and that it warped and/or failed,
allowing water to penetrate the building, causing extensive
damage to the common elements and residential units of the
building. In addition, the Board alleged that the flashings
around windows and doors were improperly designed and/or
installed, resulting in water penetration into the building;
mold and mildew infiltration into the residential units and
common elements of the building; water damage to residential
units from the water penetration on the fourth and seventh
floors; and a lack of proper flashing at certain fourth-floor
units and on the west wall of the swimming pool.
5 Against the LLC, the developer and seller of the
development, the amended complaint alleged claims of breach
of contract, breach of express warranty, consumer fraud, and
negligent misrepresentation. Against both the LLC and Retail,
the Board alleged breach of contract and sought an injunction
related to the reimbursement of expenses the Board claimed it
was due from the defendants.
6 On March 29, 2011, the LLC filed its third-party complaint
against Trapani, alleging that Trapani and its subcontractors
were responsible for the construction defects alleged by the
Board. The LLC's third-party complaint sounded in breach
of contract, express indemnification, and implied
7 On May 11, 2011, the LLC filed a petition for Chapter 7
bankruptcy. Thereafter, the instant matter was placed on the
stay calendar due to the bankruptcy.
8 In June 2012, the Board filed a motion seeking to have the
case removed from the stay calendar on the grounds that the
bankruptcy court had modified the stay to allow the Board to
pursue its claims against the LLC to the extent of the
LLC's available insurance. The trial court ...