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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5571
Introduced , by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Requires that each Department of Transportation construction contract specify a construction completion date and a monetary penalty against the contractor for each day completion is delayed for a cause attributable to the contractor or a subcontractor. Grants a business that suffers economic losses due to the delay the right to recover those losses from the contractor in the circuit court, up to the contract's penalty amount.
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A BILL FOR
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HB5571 |
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LRB095 18152 JAM 44235 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by |
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| adding Section 30-36 as follows: |
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| (30 ILCS 500/30-36 new) |
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| Sec. 30-36. Construction delays. Each contract subject to |
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| this Article awarded after the effective date of this |
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| amendatory Act of the 95th General Assembly for which the |
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| Department of Transportation is the construction agency shall |
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| specify a construction completion date and shall include as a |
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| condition of the contract a monetary penalty for each day after |
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| that date that the construction is not completed for a cause |
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| attributable to the contractor or any of its subcontractors. |
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| The amount of the monetary penalty shall be determined from |
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| criteria established by rule of the Department. |
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| A business that suffers economic losses because |
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| construction pursuant to a contract subject to this Section is |
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| not completed by the contract's specified construction |
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| completion date due to a cause attributable to the contractor |
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| or any of the contractor's subcontractors may recover those |
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| economic losses in the circuit court from that contractor in an |
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| amount not to exceed the monetary penalty specified in the |