093_HB2552eng

 
HB2552 Engrossed                     LRB093 04837 MBS 04893 b

 1        AN ACT concerning civil procedure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    changing Section 13-214 as follows:

 6        (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
 7        Sec.  13-214.  Construction  -  Design   management   and
 8    supervision.  As  used  in  this  Section  "person" means any
 9    individual,  any  business  or  legal  entity,  or  any  body
10    politic.
11        (a)  Actions  based  upon  tort,  contract  or  otherwise
12    against any person for an act or omission of such  person  in
13    the  design, planning, supervision, observation or management
14    of construction, or construction of an  improvement  to  real
15    property  shall be commenced within 4 years from the time the
16    person bringing an action, or his or  her  privity,  knew  or
17    should  reasonably  have  known  of  such  act  or  omission.
18    Notwithstanding  any other provision of law, contract actions
19    against a surety on a payment or performance  bond  shall  be
20    commenced,  if  at  all,  within  the  same  time  limitation
21    applicable to the bond principal.
22        (b)  No action based upon tort, contract or otherwise may
23    be  brought against any person for an act or omission of such
24    person in the design, planning, supervision,  observation  or
25    management of construction, or construction of an improvement
26    to real property after 10 years have elapsed from the time of
27    such  act or omission. However, any person who discovers such
28    act or omission prior to expiration of 10 years from the time
29    of such act or omission shall in no event have  less  than  4
30    years  to  bring  an  action as provided in subsection (a) of
31    this Section.  Notwithstanding any other  provision  of  law,
 
HB2552 Engrossed            -2-      LRB093 04837 MBS 04893 b
 1    contract actions against a surety on a payment or performance
 2    bond  shall  be  commenced,  if  at all, within the same time
 3    limitation applicable to the bond principal.
 4        (c)  If a person otherwise entitled to  bring  an  action
 5    could  not  have  brought  such  action within the limitation
 6    periods herein solely because such person was under  the  age
 7    of 18 years, or a person with a developmental disability or a
 8    person  with  mental  illness,  then  the  limitation periods
 9    herein shall not begin to run until the  person  attains  the
10    age of 18 years, or the disability is removed.
11        (d)  Subsection (b) shall not prohibit any action against
12    a  defendant  who  has  expressly  warranted  or promised the
13    improvement to real property for a longer period  from  being
14    brought within that period.
15        (e)  The  limitations  of this Section shall not apply to
16    causes of action arising out of fraudulent misrepresentations
17    or to fraudulent concealment of causes of action.
18        (f)  Subsection (b) shall not apply to an action that  is
19    based  on  personal  injury,  disability,  disease,  or death
20    resulting from the discharge  into  the  environment  of  any
21    pollutant, including any waste, hazardous substance, irritant
22    or  contaminant (including, but not limited to, smoke, vapor,
23    soot, fumes, acids, alkalis,  asbestos,  toxic  or  corrosive
24    chemicals, radioactive waste, or mine tailings).
25    (Source: P.A. 88-380.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.