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Rep. Elaine Nekritz
Filed: 11/25/2014
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1 | | AMENDMENT TO SENATE BILL 2221
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2221, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Code of Civil Procedure is amended by |
6 | | changing Section 13-214
as follows:
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7 | | (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
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8 | | Sec. 13-214. Construction - Design management and |
9 | | supervision. As used
in this Section "person" means any |
10 | | individual, any business or legal entity,
or any body politic.
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11 | | (a) Actions based upon tort, contract or otherwise against |
12 | | any person
for an act or omission of such person in the design, |
13 | | planning, supervision,
observation or management of |
14 | | 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 |
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1 | | should
reasonably have known of such act or omission. |
2 | | Notwithstanding any other
provision of law, contract actions |
3 | | against a surety on a payment or
performance bond shall be |
4 | | commenced, if at all, within the same time
limitation |
5 | | applicable to the bond principal.
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6 | | (b) No action based upon tort, contract or otherwise may be |
7 | | brought against
any person for an act or omission of such |
8 | | person in the design, planning,
supervision, observation or |
9 | | management of construction, or construction
of an improvement |
10 | | to real property after 10 years have elapsed from the
time of |
11 | | such act or omission. However, any person who discovers such |
12 | | act or
omission prior to expiration of 10 years from the time |
13 | | of such act or
omission shall in no event have less than 4 |
14 | | years to bring an action as
provided in subsection (a) of this |
15 | | Section. Notwithstanding any other
provision of law, contract |
16 | | actions against a surety on a payment or
performance bond shall |
17 | | be commenced, if at all, within the same time
limitation |
18 | | applicable to the bond principal.
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19 | | (c) If a person otherwise entitled to bring an action could |
20 | | not have
brought such action within the limitation periods |
21 | | herein solely because
such person was under the age of 18 |
22 | | years, or a person with a developmental
disability or a person |
23 | | with mental illness, then the limitation periods herein
shall |
24 | | not begin to run until the person attains the age of 18 years, |
25 | | or the
disability is removed.
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26 | | (d) Subsection (b) shall not prohibit any action against a |
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1 | | defendant who
has expressly warranted or promised the |
2 | | improvement to real property for
a longer period from being |
3 | | brought within that period.
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4 | | (e) The limitations of this Section shall not apply to |
5 | | causes of action
arising out of fraudulent misrepresentations |
6 | | or to fraudulent concealment
of causes of action.
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7 | | (f) Subsection (b) does not apply to an action that is |
8 | | based on personal
injury, disability, disease, or death |
9 | | resulting from the discharge into the
environment of any |
10 | | pollutant, including any waste, hazardous substance,
irritant, |
11 | | or contaminant (including, but not limited to, smoke, vapor,
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12 | | soot,
fumes, acids, alkalis, asbestos, toxic or corrosive |
13 | | chemicals, radioactive
waste, or mine tailings).
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14 | | (Source: P.A. 88-380.)".
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