¶ 1 In Sienna Court Condominium Association v. Champion Aluminum Corporation , 2018 IL 122022, ¶ 30, 432 Ill.Dec. 569, 129 N.E.3d 1112, our supreme court held that a claim for breach of implied warranty of habitability is a "creature of contract, not tort" and therefore the purchaser of a newly constructed condominium unit may not pursue such a claim against a subcontractor where the subcontractor had no contractual relationship with the purchaser. We find the reasoning and analysis employed by our supreme court in Sienna to subcontractors applies equally as well to general contractors, and therefore we affirm.
MARTIN, JUSTICE ¶ 1 In Sienna Court Condominium Association v. Champion Aluminum Corporation, 2018 IL 122022, ¶ 30, our supreme court held that a claim for breach of implied warranty of habitability is a "creature of contract, not tort" and therefore the purchaser of a newly constructed condominium unit may not pursue such a claim against a subcontractor where the subcontractor had no contractual relationship with the purchaser. We find the reasoning and analysis employed by our supreme court in Sienna to subcontractors applies equally as well to general contractors and therefore we affirm.
¶ 59 Next, we find the circuit court properly ruled in favor of defendants with respect to Harleysville's negligence claims. ¶ 60 The economic loss doctrine denies a tort remedy for those whose complaint is rooted in the disappointment of commercial or contractual expectations. Sienna Court Condominium Ass'n v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21. Under that doctrine, a plaintiff cannot recover in tort for solely economic loss.
¶ 59 Next, we find the circuit court properly ruled in favor of defendants with respect to Harleysville's negligence claims. ¶ 60 The economic loss doctrine denies a tort remedy for those whose complaint is rooted in the disappointment of commercial or contractual expectations. Sienna Court Condominium Ass'n v. Champion Aluminum Corp., 2018 IL 122022, ¶ 20. Under that doctrine, a plaintiff cannot recover in tort for solely economic loss.
In essence, the economic loss, or commercial loss, doctrine denies a remedy in tort to a party whose complaint is rooted in disappointed contractual or commercial expectations. Sienna Court Condominium Assoc. v. Champion Aluminum Corp. , 432 Ill.Dec. 569, 129 N.E.3d 1112, 1119 (2018) (citations omitted). Here, plaintiff seeks relief for disappointed commercial expectations: her sunscreen did not perform as she expected, and she wants her money back.
(N.D. Ill. 2019) (quoting Sienna Ct. Condo. Assoc. v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21, 432 Ill.Dec. 569, 129 N.E.3d 1112, 1119 (2018)).
This doctrine “‘denies a remedy in tort to a party whose complaint is rooted in disappointed contractual or commercial expectations.'” Manley v. Hain Celestial Grp., Inc., 417 F.Supp.3d 1114, 1120 (N.D. Ill. 2019) (quoting Sienna Ct. Condo. Assoc. v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21, 129 N.E.3d 1112, 1119 (2018))
It " ‘denies a remedy in tort to a party whose complaint is rooted in disappointed contractual or commercial expectations.’ " Manley v. Hain Celestial Grp., Inc. , 417 F. Supp. 3d 1114, 1120 (N.D. Ill. 2019) (quoting Sienna Ct. Condo. Assoc. v. Champion Aluminum Corp. , 2018 IL 122022, ¶ 21, 432 Ill.Dec. 569, 129 N.E.3d 1112, 1119 (2018) ).
Thus, the economic loss doctrine denies a tort remedy for those whose complaint is rooted in the disappointment of commercial or contractual expectations. Sienna Court Condominium Ass'n v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21, 129 N.E.3d 1112.
"The Moorman doctrine is intended to preserve the distinction between tort and contract." Sienna Court Condominium Ass'n v. Champion Aluminum Corp. , 2018 IL 122022, ¶ 21, 432 Ill.Dec. 569, 129 N.E.3d 1112. The Moorman court described economic loss as "damages for inadequate value, costs of repair and replacement, or consequential loss of profits—without any claim of personal injury or damage to other property."