HB5571 95TH GENERAL ASSEMBLY

LRB095 18152 JAM 44235 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5571

Introduced , by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

30 ILCS 500/30-36 new

Amends the Illinois Procurement Code. Requires that each Department of Transportation construction contract specify a construction completion date and a monetary penalty against the contractor for each day completion is delayed for a cause attributable to the contractor or a subcontractor. Grants a business that suffers economic losses due to the delay the right to recover those losses from the contractor in the circuit court, up to the contract's penalty amount.

A BILL FOR

AN ACT concerning finance.

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

Section 5. The Illinois Procurement Code is amended by adding Section 30-36 as follows:

(30 ILCS 500/30-36 new)

Sec. 30-36. Construction delays. Each contract subject to this Article awarded after the effective date of this amendatory Act of the 95th General Assembly for which the Department of Transportation is the construction agency shall specify a construction completion date and shall include as a condition of the contract a monetary penalty for each day after that date that the construction is not completed for a cause attributable to the contractor or any of its subcontractors. The amount of the monetary penalty shall be determined from criteria established by rule of the Department.

A business that suffers economic losses because construction pursuant to a contract subject to this Section is not completed by the contract's specified construction completion date due to a cause attributable to the contractor or any of the contractor's subcontractors may recover those economic losses in the circuit court from that contractor in an amount not to exceed the monetary penalty specified in the contract in accordance with this Section.

Nothing in this Section replaces or limits any other remedy for economic losses that a business may have against any party to a contract subject to this Article.