Full Text of HB1226 97th General Assembly
HB1226 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1226 Introduced 02/08/11, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
|
30 ILCS 550/2 | from Ch. 29, par. 16 |
|
Amends the Public Construction Bond Act. Provides that a subcontractor with a claim for labor and material furnished to a political subdivision of the State shall have no right of action unless it has filed notice with the Clerk or Secretary of the political subdivision and with the contractor. In a sentence setting forth the required contents of the claim, provides that a description of the contract, the work done by the subcontractor, and the total amount due and unpaid shall be included. Provides that no action shall be brought later than one year after the date of the furnishing of the last item of work or materials by the subcontractor.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB1226 | | LRB097 08397 PJG 48524 b |
|
| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Construction Bond Act is amended by | 5 | | 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 , | 9 | | hereinafter referred to as Claimant, for any contractor, with | 10 | | the
State, or a political subdivision thereof where bond or | 11 | | letter of
credit shall be executed as provided in this Act, | 12 | | shall have the right to
sue on such bond or letter of credit in | 13 | | the name of the State, or the
political subdivision thereof | 14 | | entering into such contract, as the case may
be, for his use | 15 | | and benefit, and in such suit the plaintiff shall file a
copy | 16 | | of such bond or letter of credit, certified by the party or | 17 | | parties in
whose charge such bond or letter of credit shall be, | 18 | | which copy shall,
unless execution thereof be denied under | 19 | | oath, be prima facie evidence of
the execution and delivery of | 20 | | the original; provided, however, that this
Act shall not be | 21 | | taken to in any way make the State, or the political
| 22 | | subdivision thereof entering into such contract, as the case
| 23 | | may be, liable to such sub-contractor, materialman or laborer |
| | | HB1226 | - 2 - | LRB097 08397 PJG 48524 b |
|
| 1 | | to any
greater extent than it was liable under the law as it | 2 | | stood before the
adoption of this Act. | 3 | | Provided, however, that any Claimant person having a claim
| 4 | | for labor , and material furnished to the State as aforesaid | 5 | | shall have no such right of action
unless it he shall have | 6 | | filed a verified notice of said claim with the
officer, board, | 7 | | bureau or department awarding the contract, within 180
days | 8 | | after the date of the last item of work or the furnishing of | 9 | | the
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 | | When any Claimant has a claim for labor and material | 13 | | furnished to a political subdivision, the Claimant shall have | 14 | | no right of action unless it shall have filed a verified notice | 15 | | of that claim with the Clerk or Secretary of the political | 16 | | subdivision within 180 days after the date of the last item of | 17 | | work or furnishing of the last item of materials, and shall | 18 | | have filed a copy of that verified notice upon the contractor | 19 | | in a like manner as provided herein within 10 days after the | 20 | | filing of the notice with the Clerk or Secretary. | 21 | | The Claimant may file said verified notice by using | 22 | | personal service or by depositing the verified notice in the | 23 | | United States Mail, postage prepaid, certified or restricted | 24 | | delivery return receipt requested limited to addressee only.
| 25 | | The claim shall be verified and shall contain
(1) the name | 26 | | and address of the claimant; the business address of the
|
| | | HB1226 | - 3 - | LRB097 08397 PJG 48524 b |
|
| 1 | | Claimant claimant within this State and if the Claimant | 2 | | claimant shall be a foreign
corporation having no place of | 3 | | business within the State, the notice
shall state the principal | 4 | | place of business of said corporation and in
the case of a | 5 | | partnership, the notice shall state the names and
residences of | 6 | | each of the partners; (2) the name of the contractor for
the | 7 | | government; (3) the name of the person, firm or corporation by | 8 | | whom
the Claimant claimant was employed or to whom he or it | 9 | | furnished materials; (4)
the amount of the claim; (5) a brief | 10 | | description of the public
improvement ; (5) a description of the | 11 | | Claimant's contract as it pertains to the public improvement, | 12 | | describing the work done by the Claimant and stating the total | 13 | | amount due and unpaid as of the date of verified notice | 14 | | sufficient for identification .
| 15 | | No defect in the notice herein provided for shall deprive | 16 | | the
Claimant claimant of his right of action under this article | 17 | | unless it shall
affirmatively appear that such defect has | 18 | | prejudiced the rights of an
interested party asserting the | 19 | | same.
| 20 | | Provided, further, that no action shall be brought later | 21 | | than one year until the
expiration of 120 days after the date | 22 | | of the last item of work or the
furnishing of the last item of | 23 | | work or materials by the Claimant , except in cases where the | 24 | | final
settlement between the officer, board, bureau or | 25 | | department of municipal
corporation and the contractor shall | 26 | | have been made prior to the expiration
of the 120 day period, |
| | | HB1226 | - 4 - | LRB097 08397 PJG 48524 b |
|
| 1 | | in which case action may be taken immediately
following such | 2 | | final settlement; nor shall any action of any kind be
brought | 3 | | later than 6 months after the acceptance by the State or | 4 | | political
subdivision thereof of the building project or work . | 5 | | Such action shall be
brought only in the circuit court of this | 6 | | State in the judicial circuit in
which the contract is to be | 7 | | performed.
| 8 | | The remedy provided in this Section is in addition to and | 9 | | independent of
any other rights and remedies provided at law or | 10 | | 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. 93-562, eff. 8-20-03.)
|
|