Public Act 101-0432
 
SB1636 EnrolledLRB101 06244 TAE 51270 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Contractor Prompt Payment Act is amended by
adding Section 20 as follows:
 
    (815 ILCS 603/20 new)
    Sec. 20. Retainage. No construction contract may permit
the withholding of retainage from any payment in excess of the
amounts permitted in this Section. A construction contract may
provide for the withholding of retainage of up to 10% of any
payment made prior to the completion of 50% of the contract.
When a contract is 50% complete, retainage withheld shall be
reduced so that no more than 5% is held. After the contract is
50% complete, no more than 5% of the amount of any subsequent
payments made under the contract may be held as retainage.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2019