Full Text of SB2221 98th General Assembly
SB2221ham002 98TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 11/25/2014
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| 1 | | AMENDMENT TO SENATE BILL 2221
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2221, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Code of Civil Procedure is amended by | 6 | | changing Section 13-214
as follows:
| 7 | | (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
| 8 | | Sec. 13-214. Construction - Design management and | 9 | | supervision. As used
in this Section "person" means any | 10 | | individual, any business or legal entity,
or any body politic.
| 11 | | (a) Actions based upon tort, contract or otherwise against | 12 | | any person
for an act or omission of such person in the design, | 13 | | planning, supervision,
observation or management of | 14 | | construction, or construction of an
improvement to real | 15 | | property shall be commenced within 4 years from the
time the | 16 | | person bringing an action, or his or her privity, knew or |
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| 1 | | should
reasonably have known of such act or omission. | 2 | | Notwithstanding any other
provision of law, contract actions | 3 | | against a surety on a payment or
performance bond shall be | 4 | | commenced, if at all, within the same time
limitation | 5 | | applicable to the bond principal.
| 6 | | (b) No action based upon tort, contract or otherwise may be | 7 | | brought against
any person for an act or omission of such | 8 | | person in the design, planning,
supervision, observation or | 9 | | management of construction, or construction
of an improvement | 10 | | to real property after 10 years have elapsed from the
time of | 11 | | such act or omission. However, any person who discovers such | 12 | | act or
omission prior to expiration of 10 years from the time | 13 | | of such act or
omission shall in no event have less than 4 | 14 | | years to bring an action as
provided in subsection (a) of this | 15 | | Section. Notwithstanding any other
provision of law, contract | 16 | | actions against a surety on a payment or
performance bond shall | 17 | | be commenced, if at all, within the same time
limitation | 18 | | applicable to the bond principal.
| 19 | | (c) If a person otherwise entitled to bring an action could | 20 | | not have
brought such action within the limitation periods | 21 | | herein solely because
such person was under the age of 18 | 22 | | years, or a person with a developmental
disability or a person | 23 | | with mental illness, then the limitation periods herein
shall | 24 | | not begin to run until the person attains the age of 18 years, | 25 | | or the
disability is removed.
| 26 | | (d) Subsection (b) shall not prohibit any action against a |
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| 1 | | defendant who
has expressly warranted or promised the | 2 | | improvement to real property for
a longer period from being | 3 | | brought within that period.
| 4 | | (e) The limitations of this Section shall not apply to | 5 | | causes of action
arising out of fraudulent misrepresentations | 6 | | or to fraudulent concealment
of causes of action.
| 7 | | (f) Subsection (b) does not apply to an action that is | 8 | | based on personal
injury, disability, disease, or death | 9 | | resulting from the discharge into the
environment of any | 10 | | pollutant, including any waste, hazardous substance,
irritant, | 11 | | or contaminant (including, but not limited to, smoke, vapor,
| 12 | | soot,
fumes, acids, alkalis, asbestos, toxic or corrosive | 13 | | chemicals, radioactive
waste, or mine tailings).
| 14 | | (Source: P.A. 88-380.)".
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