Full Text of HB4073 96th General Assembly
HB4073 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4073
Introduced 2/27/2009, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/13-214 |
from Ch. 110, par. 13-214 |
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Amends the Code of Civil Procedure. Provides that with respect to an action for an act or omission concerning the design, planning, supervision, observation or management of construction or construction to an improvement, an action for contribution or indemnity by the defendant shall be brought within the time prescribed in the Code pertaining to contribution and indemnity or 90 days after the expiration of the plaintiff's applicable limitation period described in this Section, whichever is later.
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A BILL FOR
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HB4073 |
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LRB096 07694 AJO 22409 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 13-214 as follows:
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| (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
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| Sec. 13-214. Construction - Design management and | 8 |
| supervision. As used
in this Section "person" means any | 9 |
| individual, any business or legal entity,
or any body politic.
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| (a) Actions based upon tort, contract or otherwise against | 11 |
| any person
for an act or omission of such person in the design, | 12 |
| planning, supervision,
observation or management of | 13 |
| construction, or construction of an
improvement to real | 14 |
| property shall be commenced within 4 years from the
time the | 15 |
| person bringing an action, or his or her privity, knew or | 16 |
| should
reasonably have known of such act or omission. | 17 |
| Notwithstanding any other
provision of law, contract actions | 18 |
| against a surety on a payment or
performance bond shall be | 19 |
| commenced, if at all, within the same time
limitation | 20 |
| applicable to the bond principal.
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| (b) No action based upon tort, contract or otherwise may be | 22 |
| brought against
any person for an act or omission of such | 23 |
| person in the design, planning,
supervision, observation or |
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HB4073 |
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LRB096 07694 AJO 22409 b |
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| management of construction, or construction
of an improvement | 2 |
| to real property after 10 years have elapsed from the
time of | 3 |
| such act or omission. However, any person who discovers such | 4 |
| act or
omission prior to expiration of 10 years from the time | 5 |
| of such act or
omission shall in no event have less than 4 | 6 |
| years to bring an action as
provided in subsection (a) of this | 7 |
| Section. Notwithstanding any other
provision of law, contract | 8 |
| actions against a surety on a payment or
performance bond shall | 9 |
| be commenced, if at all, within the same time
limitation | 10 |
| applicable to the bond principal.
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| (c) If a person otherwise entitled to bring an action could | 12 |
| not have
brought such action within the limitation periods | 13 |
| herein solely because
such person was under the age of 18 | 14 |
| years, or a person with a developmental
disability or a person | 15 |
| with mental illness, then the limitation periods herein
shall | 16 |
| not begin to run until the person attains the age of 18 years, | 17 |
| or the
disability is removed.
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| (d) Subsection (b) shall not prohibit any action against a | 19 |
| defendant who
has expressly warranted or promised the | 20 |
| improvement to real property for
a longer period from being | 21 |
| brought within that period.
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| (e) The limitations of this Section shall not apply to | 23 |
| causes of action
arising out of fraudulent misrepresentations | 24 |
| or to fraudulent concealment
of causes of action.
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| (f) If this Section applies to a cause of action, the | 26 |
| applicable statute of limitations for claims seeking |
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HB4073 |
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LRB096 07694 AJO 22409 b |
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| contribution or indemnity by a defendant shall be that | 2 |
| prescribed in Section 13-204 or 90 days after the expiration of | 3 |
| the plaintiff's applicable limitation period described in | 4 |
| subsection (a) of this Section, whichever is later. | 5 |
| (Source: P.A. 88-380.)
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