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


Rep. Elaine Nekritz

Filed: 11/25/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2221, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Code of Civil Procedure is amended by
6changing Section 13-214 as follows:
7    (735 ILCS 5/13-214)  (from Ch. 110, par. 13-214)
8    Sec. 13-214. Construction - Design management and
9supervision. As used in this Section "person" means any
10individual, any business or legal entity, or any body politic.
11    (a) Actions based upon tort, contract or otherwise against
12any person for an act or omission of such person in the design,
13planning, supervision, observation or management of
14construction, or construction of an improvement to real
15property shall be commenced within 4 years from the time the
16person bringing an action, or his or her privity, knew or



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1should reasonably have known of such act or omission.
2Notwithstanding any other provision of law, contract actions
3against a surety on a payment or performance bond shall be
4commenced, if at all, within the same time limitation
5applicable to the bond principal.
6    (b) No action based upon tort, contract or otherwise may be
7brought against any person for an act or omission of such
8person in the design, planning, supervision, observation or
9management of construction, or construction of an improvement
10to real property after 10 years have elapsed from the time of
11such act or omission. However, any person who discovers such
12act or omission prior to expiration of 10 years from the time
13of such act or omission shall in no event have less than 4
14years to bring an action as provided in subsection (a) of this
15Section. Notwithstanding any other provision of law, contract
16actions against a surety on a payment or performance bond shall
17be commenced, if at all, within the same time limitation
18applicable to the bond principal.
19    (c) If a person otherwise entitled to bring an action could
20not have brought such action within the limitation periods
21herein solely because such person was under the age of 18
22years, or a person with a developmental disability or a person
23with mental illness, then the limitation periods herein shall
24not begin to run until the person attains the age of 18 years,
25or the disability is removed.
26    (d) Subsection (b) shall not prohibit any action against a



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1defendant who has expressly warranted or promised the
2improvement to real property for a longer period from being
3brought within that period.
4    (e) The limitations of this Section shall not apply to
5causes of action arising out of fraudulent misrepresentations
6or to fraudulent concealment of causes of action.
7    (f) Subsection (b) does not apply to an action that is
8based on personal injury, disability, disease, or death
9resulting from the discharge into the environment of any
10pollutant, including any waste, hazardous substance, irritant,
11or contaminant (including, but not limited to, smoke, vapor,
12soot, fumes, acids, alkalis, asbestos, toxic or corrosive
13chemicals, radioactive waste, or mine tailings).
14(Source: P.A. 88-380.)".