Full Text of HB5660 99th General Assembly
HB5660enr 99TH GENERAL ASSEMBLY |
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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 having a claim
for | 4 | | labor and material furnished to the State shall have no such | 5 | | right of action
unless it shall have filed a verified notice of | 6 | | said claim with the
officer, board, bureau or department | 7 | | awarding the contract, within 180
days after the date of the | 8 | | last item of work or the furnishing of the
last item of | 9 | | materials, and shall have furnished a copy of such verified
| 10 | | notice to the contractor within 10 days of the filing of the | 11 | | 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 verified notice shall be deemed filed on the date personal | 26 | | service occurs or the date when the verified notice is mailed |
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| 1 | | in the form and manner provided in this Section.
| 2 | | The claim shall be verified and shall contain
(1) the name | 3 | | and address of the claimant; the business address of the
| 4 | | Claimant within this State and if the Claimant shall be a | 5 | | foreign
corporation having no place of business within the | 6 | | State, the notice
shall state the principal place of business | 7 | | of said corporation and in
the case of a partnership, the | 8 | | notice shall state the names and
residences of each of the | 9 | | partners; (2) the name of the contractor for
the government; | 10 | | (3) the name of the person, firm or corporation by whom
the | 11 | | Claimant was employed or to whom he or it furnished materials; | 12 | | (4)
a brief description of the public
improvement; (5) a | 13 | | description of the Claimant's contract as it pertains to the | 14 | | public improvement, describing the work done by the Claimant | 15 | | and stating the total amount due and unpaid as of the date of | 16 | | verified notice.
| 17 | | No defect in the notice herein provided for shall deprive | 18 | | the
Claimant of his right of action under this article unless | 19 | | it shall
affirmatively appear that such defect has prejudiced | 20 | | the rights of an
interested party asserting the same.
| 21 | | Provided, further, that no action shall be brought later | 22 | | than one year after the date of the
furnishing of the last item | 23 | | of work or materials by the Claimant. Such action shall be
| 24 | | brought only in the circuit court of this State in the judicial | 25 | | circuit in
which the contract is to be performed.
| 26 | | The remedy provided in this Section is in addition to and |
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| 1 | | independent of
any other rights and remedies provided at law or | 2 | | in equity. A waiver of rights
under the Mechanics Lien Act | 3 | | shall not constitute a waiver of rights under this
Section | 4 | | unless specifically stated in the waiver.
| 5 | | (Source: P.A. 97-487, eff. 1-1-12.)
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