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Public Act 098-1131


 

Public Act 1131 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1131
 
SB2221 EnrolledLRB098 08179 HEP 40966 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 13-214 as follows:
 
    (735 ILCS 5/13-214)  (from Ch. 110, par. 13-214)
    Sec. 13-214. Construction - Design management and
supervision. As used in this Section "person" means any
individual, any business or legal entity, or any body politic.
    (a) Actions based upon tort, contract or otherwise against
any person for an act or omission of such person in the design,
planning, supervision, observation or management of
construction, or construction of an improvement to real
property shall be commenced within 4 years from the time the
person bringing an action, or his or her privity, knew or
should reasonably have known of such act or omission.
Notwithstanding any other provision of law, contract actions
against a surety on a payment or performance bond shall be
commenced, if at all, within the same time limitation
applicable to the bond principal.
    (b) No action based upon tort, contract or otherwise may be
brought against any person for an act or omission of such
person in the design, planning, supervision, observation or
management of construction, or construction of an improvement
to real property after 10 years have elapsed from the time of
such act or omission. However, any person who discovers such
act or omission prior to expiration of 10 years from the time
of such act or omission shall in no event have less than 4
years to bring an action as provided in subsection (a) of this
Section. Notwithstanding any other provision of law, contract
actions against a surety on a payment or performance bond shall
be commenced, if at all, within the same time limitation
applicable to the bond principal.
    (c) If a person otherwise entitled to bring an action could
not have brought such action within the limitation periods
herein solely because such person was under the age of 18
years, or a person with a developmental disability or a person
with mental illness, then the limitation periods herein shall
not begin to run until the person attains the age of 18 years,
or the disability is removed.
    (d) Subsection (b) shall not prohibit any action against a
defendant who has expressly warranted or promised the
improvement to real property for a longer period from being
brought within that period.
    (e) The limitations of this Section shall not apply to
causes of action arising out of fraudulent misrepresentations
or to fraudulent concealment of causes of action.
    (f) Subsection (b) does not apply to an action that is
based on personal injury, disability, disease, or death
resulting from the discharge into the environment of asbestos.
(Source: P.A. 88-380.)

Effective Date: 6/1/2015