(820 ILCS 115/13.5)
Primary contractor responsibility for wage
claims in construction industry.
(a) For all contracts entered into on or after July 1,
2022, a primary contractor making or taking a contract in the
State for the erection, construction, alteration, or repair of
a building, structure, or other private work in the State where the aggregate costs of the project exceed $20,000
shall assume, and is liable for, any debt owed to a
claimant under this Section by a subcontractor at
any tier acting under, by, or for the primary contractor for
the wage claimant's performance of labor included in the
subject of the contract between the primary contractor and the
owner. This Section does not apply to work performed by a
contractor of the federal government, the State, a special district, a city, a county,
or any political subdivision of the State.
(b) As used in this Section:
"Construction" means building, altering, repairing, improving, or demolishing any structure or building or making improvements of any kind to real property.
"Primary contractor" means a contractor that has a direct
contractual relationship with a property owner. "Primary
contractor" may have the same meaning as a "general
contractor", "prime contractor", or "construction manager". A property owner
who acts as a primary contractor related to the erection,
construction, alteration, or repair of his or her primary
shall be exempt from liability under this
"Private work" means any erection, construction,
alteration, or repair of a building, structure, or other work.
"Subcontractor" means a contractor that has a contractual
relationship with the primary contractor or with another
subcontractor at any tier, who furnishes any goods or services
in connection with the contract between the primary contractor
and the property owner, but does not include contractors who
solely provide goods and transport of such goods related to
(c) The primary contractor's liability under this Section
shall extend only to any unpaid wages or fringe or other benefit payments or contributions, including interest owed, penalties assessed by the Department,
and reasonable attorney's fees, but shall not extend to
(d) A primary contractor or any other person shall not
evade or commit any act that negates the requirements of this
Section. Except as otherwise provided in a contract between
the primary contractor and the subcontractor, the
subcontractor shall indemnify the primary contractor for any
wages, fringe or other benefit payments or contributions, damages, interest, penalties, or attorney's fees owed
as a result of the subcontractor's failure to pay wages or fringe or other benefit payments or contributions
as provided in this Section, unless
the subcontractor's failure to pay was due to the
primary contractor's failure to pay moneys due to the
subcontractor in accordance with the terms of their
(e) Nothing in this Section shall supersede or modify the obligations and liability that any primary contractor, subcontractor, or property owner may bear as an employer under this Act or any other applicable law. The obligations and remedies provided in this Section shall be in addition to any obligations and remedies otherwise provided by law. Nothing in this Section shall be construed to impose liability on a primary contractor for anything other than unpaid wages, fringe or other benefit payments or contributions, penalties assessed by the Department, interest owed, and reasonable attorney's fees.
(f) Claims brought pursuant to this Section shall be done
so in accordance with this Act. Nothing in this Section shall be construed to provide a third party with the right to file a complaint with the Department alleging violation of this Section.
(g) The following shall be exempt from liability under this Section:
(1) primary contractors who are parties to a
(h) Prior to the commencement of any civil action, a claimant or a representative of a claimant shall provide written notice to the employer and to the primary contractor detailing the nature and basis for the claim. Failure of the employer or the primary contractor to resolve the claim within 10 days after receipt of this notice, or during any agreed upon period extending this deadline, may result in the filing of a civil action to enforce the provisions of this Act.
(i) Claims brought pursuant to this Section shall be filed with the Department of Labor or filed with the circuit court within 3 years after the wages, final compensation, or wage supplements were due. This subsection does not apply to any other claims under this Act or any other applicable law against a primary contractor, subcontractor, or homeowner as an employer.
(Source: P.A. 102-1065, eff. 6-10-22; 102-1076, eff. 6-10-22.)