State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ]


92_HB0889enr

 
HB0889 Enrolled                                LRB9203174DJgc

 1        AN ACT in relation to 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 13-222 as follows:

 6        (735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
 7        Sec. 13-222.  Action against land surveyor.
 8        (a)  Registered land surveyor. No action may  be  brought
 9    against  a  Registered  Land  Surveyor to recover damages for
10    negligence, errors or omissions in the making of  any  survey
11    nor for contribution or indemnity related to such negligence,
12    errors  or  omissions  more  than  4  years  after the person
13    claiming such damages actually knows or should have known  of
14    such negligence, errors or omissions. This Section applies to
15    surveys  completed  after July 26, 1967.  This subsection (a)
16    applies  only  to  causes  of  action  accruing  before   the
17    effective  date  of  this  amendatory Act of the 92nd General
18    Assembly.
19        (b)  Professional  land  surveyor.   No  action  may   be
20    brought  against  a  professional  land  surveyor  to recover
21    damages for negligence, errors, omissions, torts, breaches of
22    contract, or otherwise in  the  making  of  any  survey,  nor
23    contribution or indemnity, more than 4 years after the person
24    claiming  the  damages actually knows or should have known of
25    the  negligence,  errors,  omissions,  torts,   breaches   of
26    contract, or other action.
27        In  no  event  may  such an action be brought if 10 years
28    have elapsed from the time  of  the  act  or  omission.   Any
29    person who discovers the act or omission before expiration of
30    the 10-year period, however, may in no event have less than 4
31    years  to bring an action.  Contract actions against a surety
 
HB0889 Enrolled             -2-                LRB9203174DJgc
 1    on a payment or performance bond must be commenced within the
 2    same time limitation applicable to the bond principal.
 3        If the person entitled to bring the action is  under  the
 4    age  of  18  or  under  a  legal  disability,  the  period of
 5    limitation does not begin to run until the person reaches  18
 6    years of age or the disability is removed.
 7        This  subsection (b) applies to causes of action accruing
 8    on or after the effective date of this amendatory Act of  the
 9    92nd General Assembly.
10    (Source: P.A. 82-280.)

[ Top ]