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735 ILCS 5/13-214 (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design management and supervision. As used
in this Section, "person" means any individual, any business or legal entity,
or any body politic.
(a) Actions based upon tort, contract or otherwise against any person
for an act or omission of such person in the design, planning, supervision,
observation or management of construction, or construction of an
improvement to real property shall be commenced within 4 years from the
time the person bringing an action, or his or her privity, knew or should
reasonably have known of such act or omission. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against
any person for an act or omission of such person in the design, planning,
supervision, observation or management of construction, or construction
of an improvement to real property after 10 years have elapsed from the
time of such act or omission. However, any person who discovers such act or
omission prior to expiration of 10 years from the time of such act or
omission shall in no event have less than 4 years to bring an action as
provided in subsection (a) of this Section. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have
brought such action within the limitation periods herein solely because
such person was under the age of 18 years, or a person with a developmental
disability or a person with mental illness, then the limitation periods herein
shall not begin to run until the person attains the age of 18 years, or the
disability is removed.
(d) Subsection (b) shall not prohibit any action against a defendant who
has expressly warranted or promised the improvement to real property for
a longer period from being brought within that period.
(e) The limitations of this Section shall not apply to causes of action
arising out of fraudulent misrepresentations or to fraudulent concealment
of causes of action.
(f) Subsection (b) does not apply to an action that is based on personal
injury, disability, disease, or death resulting from the discharge into the
environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)
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