Question:
Barba & Barba Construction, Inc., constructed a multilevel addition to a single-family house in Glenview, Illinois. Before the addition, the residence consisted of approximately 2,300 square feet. After the addition, the house consisted of approximately 3,200 square feet. More than eleven years later, John W. VonHoldt purchased the house. Shortly after taking occupancy, VonHoldt noticed a deflection of the wood flooring at the partition wall separating the master bedroom from an adjoining bathroom. This deflection created a depression in the floor plane. VonHoldt maintained that, due to the thickness of the carpet, the depression was nearly concealed. An investigation revealed that the addition had not been constructed in accordance with the architectural plans approved by the Village of Glenview or the Glenview Building Code. This variance resulted in excessive stress on the floor joists and inadequate support for a portion of the roof and ceiling causing a greater-than-expected floor deflection. VonHoldt brought a lawsuit against Barba & Barba for breach of an implied warranty of habitability. Explain who should prevail?