Illinois General Assembly - Full Text of SB2221
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Full Text of SB2221  98th General Assembly




SB2221 EnrolledLRB098 08179 HEP 40966 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 13-214 as follows:
6    (735 ILCS 5/13-214)  (from Ch. 110, par. 13-214)
7    Sec. 13-214. Construction - Design management and
8supervision. As used in this Section "person" means any
9individual, any business or legal entity, or any body politic.
10    (a) Actions based upon tort, contract or otherwise against
11any person for an act or omission of such person in the design,
12planning, supervision, observation or management of
13construction, or construction of an improvement to real
14property shall be commenced within 4 years from the time the
15person bringing an action, or his or her privity, knew or
16should reasonably have known of such act or omission.
17Notwithstanding any other provision of law, contract actions
18against a surety on a payment or performance bond shall be
19commenced, if at all, within the same time limitation
20applicable to the bond principal.
21    (b) No action based upon tort, contract or otherwise may be
22brought against any person for an act or omission of such
23person in the design, planning, supervision, observation or



SB2221 Enrolled- 2 -LRB098 08179 HEP 40966 b

1management of construction, or construction of an improvement
2to real property after 10 years have elapsed from the time of
3such act or omission. However, any person who discovers such
4act or omission prior to expiration of 10 years from the time
5of such act or omission shall in no event have less than 4
6years to bring an action as provided in subsection (a) of this
7Section. Notwithstanding any other provision of law, contract
8actions against a surety on a payment or performance bond shall
9be commenced, if at all, within the same time limitation
10applicable to the bond principal.
11    (c) If a person otherwise entitled to bring an action could
12not have brought such action within the limitation periods
13herein solely because such person was under the age of 18
14years, or a person with a developmental disability or a person
15with mental illness, then the limitation periods herein shall
16not begin to run until the person attains the age of 18 years,
17or the disability is removed.
18    (d) Subsection (b) shall not prohibit any action against a
19defendant who has expressly warranted or promised the
20improvement to real property for a longer period from being
21brought within that period.
22    (e) The limitations of this Section shall not apply to
23causes of action arising out of fraudulent misrepresentations
24or to fraudulent concealment of causes of action.
25    (f) Subsection (b) does not apply to an action that is
26based on personal injury, disability, disease, or death



SB2221 Enrolled- 3 -LRB098 08179 HEP 40966 b

1resulting from the discharge into the environment of asbestos.
2(Source: P.A. 88-380.)