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| Public Act 098-1131 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 13-214
as follows:
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(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 88-380.)
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