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| 1 | AN ACT concerning courts.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 13-214
as follows:
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| 6 | (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
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| 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 politic.
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| 10 | (a) Actions based upon tort, contract or otherwise against | ||||||
| 11 | any person
for an act or omission of such person in the design, | ||||||
| 12 | planning, supervision,
observation or management of | ||||||
| 13 | construction, or construction of an
improvement to real | ||||||
| 14 | property shall be commenced within 4 years from the
time the | ||||||
| 15 | person bringing an action, or his or her privity, knew or | ||||||
| 16 | should
reasonably have known of such act or omission. | ||||||
| 17 | Notwithstanding any other
provision of law, contract actions | ||||||
| 18 | against a surety on a payment or
performance bond shall be | ||||||
| 19 | commenced, if at all, within the same time
limitation | ||||||
| 20 | applicable to the bond principal.
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| 21 | (b) No action based upon tort, contract or otherwise may be | ||||||
| 22 | brought against
any person for an act or omission of such | ||||||
| 23 | person in the design, planning,
supervision, observation or | ||||||
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| 1 | management of construction, or construction
of an improvement | ||||||
| 2 | to real property after 10 years have elapsed from the
time of | ||||||
| 3 | such act or omission. However, any person who discovers such | ||||||
| 4 | act or
omission prior to expiration of 10 years from the time | ||||||
| 5 | of such act or
omission shall in no event have less than 4 | ||||||
| 6 | years to bring an action as
provided in subsection (a) of this | ||||||
| 7 | Section. Notwithstanding any other
provision of law, contract | ||||||
| 8 | actions against a surety on a payment or
performance bond shall | ||||||
| 9 | be commenced, if at all, within the same time
limitation | ||||||
| 10 | applicable to the bond principal.
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| 11 | (c) If a person otherwise entitled to bring an action could | ||||||
| 12 | not have
brought such action within the limitation periods | ||||||
| 13 | herein solely because
such person was under the age of 18 | ||||||
| 14 | years, or a person with a developmental
disability or a person | ||||||
| 15 | with mental illness, then the limitation periods herein
shall | ||||||
| 16 | not begin to run until the person attains the age of 18 years, | ||||||
| 17 | or the
disability is removed.
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| 18 | (d) Subsection (b) shall not prohibit any action against a | ||||||
| 19 | defendant who
has expressly warranted or promised the | ||||||
| 20 | improvement to real property for
a longer period from being | ||||||
| 21 | brought within that period.
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| 22 | (e) The limitations of this Section shall not apply to | ||||||
| 23 | causes of action
arising out of fraudulent misrepresentations | ||||||
| 24 | or to fraudulent concealment
of causes of action.
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| 25 | (f) Subsection (b) does not apply to an action that is | ||||||
| 26 | based on personal
injury, disability, disease, or death | ||||||
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| 1 | resulting from the discharge into the
environment of asbestos.
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| 2 | (Source: P.A. 88-380.)
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