Big Win for Contractors in Illinois Construction Defects Case
The Illinois Supreme Court last week issued an opinion that was extremely favorable to the construction industry in Acuity v. M/I Homes of Chicago, LLC, a case involving commercial general liability (CGL) coverage for construction defects resulting in water damage to a townhome project.
The Supreme Court responded to the request of the appellate court to clarify the law on the existence of property damage or occurrence in Illinois. That request was supported by an amicus curiae brief sponsored by NAHB, the HBA of Illinois, Associated General Contractors of America, American Subcontractors Association and local chapters in Illinois.
For more than 20 years, courts in Illinois had interpreted the definitions of “property damage” and “occurrence” in the standard commercial general liability policy to deny coverage for property damage arising out of defective construction in the entire construction project itself. Those courts found coverage only in the unlikely event of damage to other real property, and perhaps to personal property of project owners.
This interpretation amounted to little, if any, coverage for insured Illinois contractors. Illinois has lagged behind numerous other jurisdictions in upholding coverage for unexpected and unintended property damage arising from faulty workmanship by the insured.
The Supreme Court of Illinois noted that such a narrow view of coverage is unsupported by the policy language, and it joined the majority of jurisdictions in holding that unexpected and unintended physical injury to tangible property arising out of defective work amounts to an occurrence of property damage under a CGL policy.
The court further opined that once an occurrence of property damage is found, resort must be had to the property damage exclusions within the policy to determine ultimate coverage, including exclusions relating to that particular part of property damage upon which work is being performed out of which the property damage arises; that particular part of real property that must be repaired or replace because of incorrect work by the insured; property damage to the insured’s work subsequent to completion (subject to an exception for work performed by the insured contractor’s subcontractors); or impaired property or property that has not been physically injured.
In doing so, the Court rejected the notion that property damage arising out of defective workmanship amounts to a an uninsurable “business risk,” the cost of which is to be borne by the insured contractor itself.
Aligning itself with the majority of jurisdictions, the Court concluded that uninsured business risks are to be sorted out through application of the property damage exclusions. In that regard, it remanded the case to the trial court to determine issues relating to applicability of those exclusions to the facts before it.
The home building industry had a good day before the Illinois Supreme Court. That success is the culmination of nearly 20 years of advocating before numerous state and federal courts throughout the United States on these issues through the filings of amicus curiae briefs. The brief in Acuity v. M/I Homes was primarily authored and filed by Patrick J. Wielinski of Cokinos Young, Dallas, Texas, joined by Clifford Shapiro of Chicago. Wielinski and his firm have participated in the filing of such briefs for many years.
Latest from NAHBNow
Nov 24, 2025
Which Home Features Add the Most Value?The latest American Housing Survey revealed details about how influential bathrooms, bedrooms, the age of homes and other features are to a home's value.
Nov 21, 2025
Bill Would Repeal Biden-Era OSHA Heat StandardRep. Mark Messmer (R-Ind.) has introduced legislation that would repeal the Biden administration’s proposed OSHA rule on heat injury prevention in the workforce which would impose impracticable requirements on residential construction employers.
Latest Economic News
Nov 20, 2025
September Jobs Report Highlights a Cooling but Still Growing Labor MarketThe long-delayed September jobs report revealed that the U.S. economy added 119,000 jobs while the unemployment rate climbed to its highest level in nearly four years.
Nov 20, 2025
Existing Home Sales Rise in OctoberExisting home sales rose to an eight-month high in October as buyers took advantage of lower mortgage rates, according to the National Association of Realtors (NAR). Resale inventory improved from a year ago but remained below pre-pandemic levels.
Nov 19, 2025
Affordability Impacts: Young Adults Are Once Again Moving Back HomeThe share of young adults living with parents increased in 2024, interrupting the post-pandemic trend of moving out of parental homes.