093_HB2493sam001











                                     LRB093 05938 BDD 15600 a

 1                    AMENDMENT TO HOUSE BILL 2493

 2        AMENDMENT NO.     .  Amend House Bill 2493  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Public Construction Bond Act is amended
 5    by changing Section 2 as follows:

 6        (30 ILCS 550/2) (from Ch. 29, par. 16)
 7        Sec. 2.  Every person furnishing material  or  performing
 8    labor, either as an individual or as a sub-contractor for any
 9    contractor,  with  the  State,  or  a  political  subdivision
10    thereof  where  bond or letter of credit shall be executed as
11    provided in this Act, shall have the right  to  sue  on  such
12    bond  or  letter  of  credit in the name of the State, or the
13    political subdivision thereof entering into such contract, as
14    the case may be, for his use and benefit, and  in  such  suit
15    the  plaintiff  shall  file  a copy of such bond or letter of
16    credit, certified by the party or  parties  in  whose  charge
17    such  bond  or  letter  of credit shall be, which copy shall,
18    unless execution thereof be denied under oath, be prima facie
19    evidence of the  execution  and  delivery  of  the  original;
20    provided, however, that this Act shall not be taken to in any
21    way  make  the  State,  or  the political subdivision thereof
22    entering into such contract, as the case may  be,  liable  to
 
                            -2-      LRB093 05938 BDD 15600 a
 1    such  sub-contractor,  materialman  or laborer to any greater
 2    extent than it was liable under the law as  it  stood  before
 3    the  adoption of this Act. Provided, however, that any person
 4    having a claim for labor, and  material  as  aforesaid  shall
 5    have  no  such  right  of action unless he shall have filed a
 6    verified notice of said claim with the officer, board, bureau
 7    or department awarding the contract, within  180  days  after
 8    the  date  of  the last item of work or the furnishing of the
 9    last item of materials, and shall have furnished  a  copy  of
10    such  verified notice to the contractor within 10 days of the
11    filing of the notice with the agency awarding the contract.
12        The claim shall be verified and  shall  contain  (1)  the
13    name and address of the claimant; the business address of the
14    claimant  within  this  State  and if the claimant shall be a
15    foreign corporation having no place of  business  within  the
16    State, the notice shall state the principal place of business
17    of  said  corporation  and  in the case of a partnership, the
18    notice shall state the names and residences of  each  of  the
19    partners;  (2) the name of the contractor for the government;
20    (3) the name of the person, firm or corporation by  whom  the
21    claimant   was  employed  or  to  whom  he  or  it  furnished
22    materials;  (4)  the  amount  of  the  claim;  (5)  a   brief
23    description   of   the   public  improvement  sufficient  for
24    identification.
25        No defect in the notice herein provided for shall deprive
26    the claimant of his right of action under this article unless
27    it shall affirmatively appear that such defect has prejudiced
28    the rights of an interested party asserting the same.
29        Provided, further, that no action shall be brought  until
30    the expiration of 120 days after the date of the last item of
31    work  or the furnishing of the last item of materials, except
32    in cases where the  final  settlement  between  the  officer,
33    board,  bureau or department of municipal corporation and the
34    contractor shall have been made prior to  the  expiration  of
 
                            -3-      LRB093 05938 BDD 15600 a
 1    the  120  day  period,  in  which  case  action  may be taken
 2    immediately following such final settlement;  nor  shall  any
 3    action  of  any kind be brought later than 6 months after the
 4    acceptance by the State or political subdivision  thereof  of
 5    the  building  project  or work. Such action shall be brought
 6    only in the circuit court  of  this  State  in  the  judicial
 7    circuit in which the contract is to be performed.
 8        The remedy provided in this Section is in addition to and
 9    independent  of any other rights and remedies provided at law
10    or in equity. A waiver of rights under the Mechanics Lien Act
11    shall not constitute a waiver of rights  under  this  Section
12    unless specifically stated in the waiver.
13    (Source: P.A. 86-333.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.".