Illinois General Assembly - Full Text of Public Act 093-0562
Illinois General Assembly

Previous General Assemblies

Public Act 093-0562


 

Public Act 93-0562 of the 93rd General Assembly


Public Act 93-0562

HB2493 Enrolled                      LRB093 05938 SJM 11716 b

    AN ACT concerning bonds.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

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

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

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

Effective Date: 08/20/03