State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB2787eng

 
HB2787 Engrossed                              LRB9102947WHprA

 1        AN ACT to amend the Code of Civil Procedure  by  changing
 2    Section 13-222.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Code of Civil  Procedure  is  amended  by
 6    changing Section 13-222 as follows:

 7        (735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
 8        Sec. 13-222. Actions against professional land surveyors.
 9        (a)  If  less than 10 years have elapsed since the person
10    claiming the damage first knew or should have  known  of  any
11    negligence,  error,  omission,  tort,  breach of contract, or
12    other actionable conduct in the making  of  any  survey,  the
13    person  must  bring  an  action  against  a professional land
14    surveyor for the negligence, error, omission, tort, breach of
15    contract, or other actionable conduct in the  making  of  any
16    survey,  or  for  contribution  or  indemnity, within 2 years
17    after the person first knew  or  should  have  known  of  the
18    negligence,  error,  omission,  tort,  breach of contract, or
19    other actionable conduct, except  as  otherwise  provided  in
20    subsection (c).
21        (b)  If  10  years  or more have elapsed since the person
22    claiming the damage first knew or should have  known  of  any
23    negligence,  error,  omission,  tort,  breach of contract, or
24    other actionable conduct in the making  of  any  survey,  the
25    person  may  not  bring an action against a professional land
26    surveyor  to  recover  damages  for  the  negligence,  error,
27    omission, tort,  breach  of  contract,  or  other  actionable
28    conduct  in  the making of any survey, or for contribution or
29    indemnity, except as otherwise provided in subsection (c).
30        (c)  Notwithstanding the provisions  of  subsections  (a)
31    and  (b), if the person entitled to bring the action is under
 
HB2787 Engrossed            -2-               LRB9102947WHprA
 1    the age of 18  or  under  legal  disability,  the  period  of
 2    limitation under this Section does not begin to run until the
 3    person reaches 18 years of age or the disability is removed.
 4        (d)  Contract  actions  against  a surety on a payment or
 5    performance bond must  be  commenced  within  the  same  time
 6    limitation applicable to the bond principal.
 7        Registered  land  surveyor.  No  action  may  be  brought
 8    against  a  Registered  Land  Surveyor to recover damages for
 9    negligence, errors or omissions in the making of  any  survey
10    nor for contribution or indemnity related to such negligence,
11    errors  or  omissions  more  than  4  years  after the person
12    claiming such damages actually knows or should have known  of
13    such negligence, errors or omissions. This Section applies to
14    surveys completed after July 26, 1967.
15    (Source: P.A. 82-280.)

16        Section 99.  This Act takes effect on January 1, 2000.

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