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| Public Act 097-0487 | ||||
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AN ACT concerning finance.
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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 Public Construction Bond Act is amended by | ||||
changing Section 2 as follows:
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(30 ILCS 550/2) (from Ch. 29, par. 16)
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Sec. 2.
Every person furnishing material or performing | ||||
labor, either
as an individual or as a sub-contractor, | ||||
hereinafter referred to as Claimant, for any contractor, with | ||||
the
State, or a political subdivision thereof where bond or | ||||
letter of
credit shall be executed as provided in this Act, | ||||
shall have the right to
sue on such bond or letter of credit in | ||||
the name of the State, or the
political subdivision thereof | ||||
entering into such contract, as the case may
be, for his use | ||||
and benefit, and in such suit the plaintiff shall file a
copy | ||||
of such bond or letter of credit, certified by the party or | ||||
parties in
whose charge such bond or letter of credit shall be, | ||||
which copy shall,
unless execution thereof be denied under | ||||
oath, be prima facie evidence of
the execution and delivery of | ||||
the original; provided, however, that this
Act shall not be | ||||
taken to in any way make the State, or the political
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subdivision thereof entering into such contract, as the case
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may be, liable to such sub-contractor, materialman or laborer | ||||
to any
greater extent than it was liable under the law as it | ||
stood before the
adoption of this Act. | ||
Provided, however, that any Claimant person having a claim
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for labor, and material furnished to the State as aforesaid | ||
shall have no such right of action
unless it he shall have | ||
filed a verified notice of said claim with the
officer, board, | ||
bureau or department awarding the contract, within 180
days | ||
after the date of the last item of work or the furnishing of | ||
the
last item of materials, and shall have furnished a copy of | ||
such verified
notice to the contractor within 10 days of the | ||
filing of the notice with
the agency awarding the contract. | ||
When any Claimant has a claim for labor and material | ||
furnished to a political subdivision, the Claimant shall have | ||
no right of action unless it shall have filed a verified notice | ||
of that claim with the Clerk or Secretary of the political | ||
subdivision within 180 days after the date of the last item of | ||
work or furnishing of the last item of materials, and shall | ||
have filed a copy of that verified notice upon the contractor | ||
in a like manner as provided herein within 10 days after the | ||
filing of the notice with the Clerk or Secretary. | ||
The Claimant may file said verified notice by using | ||
personal service or by depositing the verified notice in the | ||
United States Mail, postage prepaid, certified or restricted | ||
delivery return receipt requested limited to addressee only.
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The claim shall be verified and shall contain
(1) the name | ||
and address of the claimant; the business address of the
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Claimant claimant within this State and if the Claimant | ||
claimant shall be a foreign
corporation having no place of | ||
business within the State, the notice
shall state the principal | ||
place of business of said corporation and in
the case of a | ||
partnership, the notice shall state the names and
residences of | ||
each of the partners; (2) the name of the contractor for
the | ||
government; (3) the name of the person, firm or corporation by | ||
whom
the Claimant claimant was employed or to whom he or it | ||
furnished materials; (4)
the amount of the claim; (5) a brief | ||
description of the public
improvement; (5) a description of the | ||
Claimant's contract as it pertains to the public improvement, | ||
describing the work done by the Claimant and stating the total | ||
amount due and unpaid as of the date of verified notice | ||
sufficient for identification.
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No defect in the notice herein provided for shall deprive | ||
the
Claimant claimant of his right of action under this article | ||
unless it shall
affirmatively appear that such defect has | ||
prejudiced the rights of an
interested party asserting the | ||
same.
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Provided, further, that no action shall be brought later | ||
than one year until the
expiration of 120 days after the date | ||
of the last item of work or the
furnishing of the last item of | ||
work or materials by the Claimant , except in cases where the | ||
final
settlement between the officer, board, bureau or | ||
department of municipal
corporation and the contractor shall | ||
have been made prior to the expiration
of the 120 day period, | ||
in which case action may be taken immediately
following such | ||
final settlement; nor shall any action of any kind be
brought | ||
later than 6 months after the acceptance by the State or | ||
political
subdivision thereof of the building project or work. | ||
Such action shall be
brought only in the circuit court of this | ||
State in the judicial circuit in
which the contract is to be | ||
performed.
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The remedy provided in this Section is in addition to and | ||
independent of
any other rights and remedies provided at law or | ||
in equity. A waiver of rights
under the Mechanics Lien Act | ||
shall not constitute a waiver of rights under this
Section | ||
unless specifically stated in the waiver.
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(Source: P.A. 93-562, eff. 8-20-03.)
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