Illinois Appellate Court
Civil Court
Statute of Limitations
Development company's express indemnity claim is governed by 10-year statute of limitations applicable to written contracts, as nature of claim is for failure to indemnify rather than any act or omission relating to construction activity. Sophisticated parties entering into contract for more than $34 million in construction work clearly intended to create accrual date for all statutes of limitations to limit liability and eliminate effect of discovery rule. Contract provisions were bargained for and thus enforceable. (McBRIDE and PALMER, concurring.)