093_HB2493eng HB2493 Engrossed LRB093 05938 SJM 11716 b 1 AN ACT concerning bonds. 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 5 by 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 for any 9 contractor, with the State, or a political subdivision 10 thereof where bond or letter of credit shall be executed as 11 provided in this Act, shall have the right to sue on such 12 bond or letter of credit in the name of the State, or the 13 political subdivision thereof entering into such contract, as 14 the case may be, for his use and benefit, and in such suit 15 the plaintiff shall file a copy of such bond or letter of 16 credit, certified by the party or parties in whose charge 17 such bond or letter of credit shall be, which copy shall, 18 unless execution thereof be denied under oath, be prima facie 19 evidence of the execution and delivery of the original; 20 provided, however, that this Act shall not be taken to in any 21 way make the State, or the political subdivision thereof 22 entering into such contract, as the case may be, liable to 23 such sub-contractor, materialman or laborer to any greater 24 extent than it was liable under the law as it stood before 25 the adoption of this Act. Provided, however, that any person 26 having a claim for labor, and material as aforesaid shall 27 have no such right of action unless he shall have filed a 28 verified notice of said claim with the officer, board, bureau 29 or department awarding the contract, within 180 days after 30 the date of the last item of work or the furnishing of the 31 last item of materials, and shall have furnished a copy of HB2493 Engrossed -2- LRB093 05938 SJM 11716 b 1 such verified notice to the contractor within 10 days of the 2 filing of the notice with the agency awarding the contract. 3 The claim shall be verified and shall contain (1) the 4 name and address of the claimant; the business address of the 5 claimant within this State and if the claimant shall be a 6 foreign corporation having no place of business within the 7 State, the notice shall state the principal place of business 8 of said corporation and in the case of a partnership, the 9 notice shall state the names and residences of each of the 10 partners; (2) the name of the contractor for the government; 11 (3) the name of the person, firm or corporation by whom the 12 claimant was employed or to whom he or it furnished 13 materials; (4) the amount of the claim; (5) a brief 14 description of the public improvement sufficient for 15 identification. 16 No defect in the notice herein provided for shall deprive 17 the claimant of his right of action under this article unless 18 it shall affirmatively appear that such defect has prejudiced 19 the rights of an interested party asserting the same. This 20 remedy is in addition to and independent of any other rights 21 and remedies provided at law or equity. A waiver of 22 mechanics lien rights shall not be a waiver of rights 23 hereunder unless expressly stated in the waiver. 24 Provided, further, that no action shall be brought until 25 the expiration of 120 days after the date of the last item of 26 work or the furnishing of the last item of materials, except 27 in cases where the final settlement between the officer, 28 board, bureau or department of municipal corporation and the 29 contractor shall have been made prior to the expiration of 30 the 120 day period, in which case action may be taken 31 immediately following such final settlement; nor shall any 32 action of any kind be brought later than 6 months after the 33 acceptance by the State or political subdivision thereof of 34 the building project or work. Such action shall be brought HB2493 Engrossed -3- LRB093 05938 SJM 11716 b 1 only in the circuit court of this State in the judicial 2 circuit in which the contract is to be performed. 3 (Source: P.A. 86-333.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.