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.