093_HB2493sam001 LRB093 05938 BDD 15600 a 1 AMENDMENT TO HOUSE BILL 2493 2 AMENDMENT NO. . Amend House Bill 2493 by replacing 3 everything after the enacting clause with the following: 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 -2- LRB093 05938 BDD 15600 a 1 such sub-contractor, materialman or laborer to any greater 2 extent than it was liable under the law as it stood before 3 the adoption of this Act. Provided, however, that any person 4 having a claim for labor, and material as aforesaid shall 5 have no such right of action unless he shall have filed a 6 verified notice of said claim with the officer, board, bureau 7 or department awarding the contract, within 180 days after 8 the date of the last item of work or the furnishing of the 9 last item of materials, and shall have furnished a copy of 10 such verified notice to the contractor within 10 days of the 11 filing of the notice with the agency awarding the contract. 12 The claim shall be verified and shall contain (1) the 13 name and address of the claimant; the business address of the 14 claimant within this State and if the claimant shall be a 15 foreign corporation having no place of business within the 16 State, the notice shall state the principal place of business 17 of said corporation and in the case of a partnership, the 18 notice shall state the names and residences of each of the 19 partners; (2) the name of the contractor for the government; 20 (3) the name of the person, firm or corporation by whom the 21 claimant was employed or to whom he or it furnished 22 materials; (4) the amount of the claim; (5) a brief 23 description of the public improvement sufficient for 24 identification. 25 No defect in the notice herein provided for shall deprive 26 the claimant of his right of action under this article unless 27 it shall affirmatively appear that such defect has prejudiced 28 the rights of an interested party asserting the same. 29 Provided, further, that no action shall be brought until 30 the expiration of 120 days after the date of the last item of 31 work or the furnishing of the last item of materials, except 32 in cases where the final settlement between the officer, 33 board, bureau or department of municipal corporation and the 34 contractor shall have been made prior to the expiration of -3- LRB093 05938 BDD 15600 a 1 the 120 day period, in which case action may be taken 2 immediately following such final settlement; nor shall any 3 action of any kind be brought later than 6 months after the 4 acceptance by the State or political subdivision thereof of 5 the building project or work. Such action shall be brought 6 only in the circuit court of this State in the judicial 7 circuit in which the contract is to be performed. 8 The remedy provided in this Section is in addition to and 9 independent of any other rights and remedies provided at law 10 or in equity. A waiver of rights under the Mechanics Lien Act 11 shall not constitute a waiver of rights under this Section 12 unless specifically stated in the waiver. 13 (Source: P.A. 86-333.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.".