Construction Law

(Althoff, R-Crystal Lake) requires that the work be done or the material furnished: (1) within 3 years from the commencement of the work or the commencement of furnishing the material in the case of work done or material furnished as to owner-occupied residential property; and (2) within 5 years from the commencement of the work or the commencement of furnishing the material in the case of work done or material furnished as to any other type of property. This new law would sunset in three years. Scheduled for hearing in Senate Judicary Committee on Tuesday afternoon.

(McAsey, D-Lockport) requires that a contract to build a home must contain a provision requiring that a “radon mitigation system” be included in the construction. "Radon mitigation system" means components and measures designed to permanently reduce or eliminate indoor radon concentrations according to procedures described in 32 Illinois Administrative code Part 422. Scheduled for hearing next Wednesday in House Judiciary Committee I.

(Althoff, R-Crystal Lake) changes the provisions concerning the effect of recording deeds, mortgages, and other instruments. Provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, memoranda of judgment, and other instruments in writing that affect interests in real property. Provides that these deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers). Introduced and assigned to the Senate Assignment Committee for referral to a substantive committee.

(Biss, D-Skokie) allows a court to award reasonable attorney's fees to the defendant if the defendant prevails in an action to enforce a contract if the contract allows for the recovery of attorney's fees to enforce the contract. Introduced and assigned to House Rules Committee for referral to a substantive committee.

(Rezin, R-Peru) creates an exception to the statute of repose for attorney malpractice that currently limits actions to no later than six years after the date on which the attorney's act or omission occurred. The exception is if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. If that occurs, the limitation does begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Just introduced and referred to the Committee on Assignments for assignment to a substantive committee.

(Wilhelmi, D-Joliet) adds to the mortgage foreclosure provisions a definition of "abandoned residential property" to include any two of 14 different criteria. Examples of some of these criteria include (1) if gas, electric, or water utility service to the property has been terminated and (2) windows or entrances to the property are boarded up or closed off or multiple window panes are broken and unrepaired. Provides requirement and procedures for an expedited judgment and sale of abandoned residential property. Ends the period of redemption for abandoned residential property on the date of the judgment confirming the judicial sale. Introduced and referred to the Senate Committee on Assignments.

(Nekritz, D-Des Plaines) authorizes easements for high-speed Internet to cable television cable as a kind of easement that may be granted. Introduced yesterday.

(Tryon, R-Crystal Lake; Althoff, R-Crystal Lake) removes the Municipal Code requirement for a metes and bounds legal description in a notice concerning annexation, special uses, variations, or specified zoning hearings if the notice includes: (1) the common street address or addresses; and (2) the PIN number or numbers of all the parcels of real property contained in the affected area. Effective August 12, 2011.

(Mathias, R-Buffalo Grove; Silverstein, D-Chicago) does three things. (1) Allows a continuing lien on personal property, including beneficial interests in a land trust. (2) Allows service of a citation or nonwage garnishment against an LLC so that the court may enter a charging order. (3) Construes a foreign judgment to be an original Illinois judgment for enforcement or revival from the date it is filed with the clerk. Effective January 1, 2012.