Full Text of HB1226 97th General Assembly
HB1226enr 97TH GENERAL ASSEMBLY |
| | HB1226 Enrolled | | LRB097 08397 PJG 48524 b |
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| 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 |
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| 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
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| 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, |
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| 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.)
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