94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2194


 
Introduced 1/11/2006, by Sen. Dale E. Risinger
 
SYNOPSIS AS INTRODUCED:
 		













605 ILCS 5/4-103.1 new









    Amends the Illinois Highway Code.
Provides that any person involved in a dispute or controversy
regarding the amount due and owing on a highway construction contract awarded by the
Department of Transportation may have the dispute or controversy
settled by arbitration administered by the American Arbitration
Association's Construction Industry Arbitration Rules. Provides that all parties to the settlement are bound by
the terms of the arbitration settlement.
Provides that any settlement shall allow the claimant to receive costs
associated with filing and pursuing the claim and shall be paid within 30 days.
Provides that any contractor awarded a highway construction contract
by the Department may seek relief in the Illinois Court of Claims
with regard to any monetary dispute with the Department, regardless
of any contractual language to the contrary.
















LRB094 15998 DRH 51231 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2194

LRB094 15998 DRH 51231 b






1
    AN ACT in relation to transportation. 

 
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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 Illinois Highway Code is amended by adding 
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Section 4-103.1 as
follows:


 
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    (605 ILCS 5/4-103.1 new)

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    Sec. 4-103.1. Highway construction contract disputes;

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contractors' remedies.

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    (a) Any case against the Illinois Department of 
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Transportation,
as defendant, arising from a contract duly 
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awarded by the
Department and involving a dispute or 
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controversy concerning amounts due and owing shall, upon

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written request by any party involved in the dispute or 
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controversy, be settled
by arbitration administered by the 
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American Arbitration Association's Construction Industry 
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Arbitration Rules and in
accordance with rules adopted to 
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administer this Act. All parties to the
settlement shall be 
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bound by the terms of the arbitration settlement.

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    (b) Any settlement reached under the terms of arbitration 
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shall
allow the claimant to receive costs associated with 
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filing and pursuing
the claims and
shall be paid within 30 
22
days.

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    (c) Any contractor awarded a contract by the Illinois 
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Department
of Transportation may seek relief in the Illinois 
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Court of Claims
with regard to any monetary dispute with the 
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Department. Notwithstanding
any contractual language to the 
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contrary,
the Department may not require the contractor to 
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waive the right to seek relief
in the Court of Claims.