Council of Unit Owners of Breakwater House Condominium v. Simpler

HORSEY, Justice:

This is an interlocutory appeal from Superior Court’s grant of partial summary judgment for defendants. The court dismissed two of plaintiffs’ claims for damages against developers for breach of implied warranties of habitability and of good quality and workmanship. The claims arise from the defendant developers’ reconstruction and conversion of an existing apartment building for sale as condominium units.

The trial court found no cognizable claim under Delaware decisional law for breach of an implied warranty of habitability, distinct and apart from an implied warranty of good…