Construction Law

(Halpin, D-Rock Island; Williams, D-Chicago) amends the Code of Civil Procedure to do two things. (1) If a defendant seeks a physical or mental examination of the plaintiff during discovery, it allows the plaintiff to have an additional person to be present and video record the examination. (2) Amends the statute giving a preference for a trial setting by lowering the age of a party from 70 to 67 and includes the surviving spouse or next of kin in a wrongful death action. It requires the case to commence within one year of the motion granting the preference unless the court finds that the moving party does not have a substantial interest in the case as a whole. If any new party is added to a lawsuit after the trial setting, any party may move the court to reschedule the trial to commence up to one year after the date a new defendant appeared and answered the complaint or up to one year after the date a plaintiff was added to the lawsuit. The court shall (now, may) grant a motion for preference in setting for trial if a party or, in the case of a wrongful death action, the surviving spouse or next of kin, shows substantial physical or financial hardship or alternatively shows good cause that the interests of justice will be served by granting a preference in setting for trial within one year of the hearing on the motion. Allows any party to move for a trial continuance of up to six months for good cause shown. Effective July 28, 2023. 

(Williams, D-Chicago; Ellman, D-Naperville) amends the Illinois Radon Awareness Act. It provides that the lessor shall provide the prospective tenant or tenant of a dwelling unit with the Illinois Emergency Management Agency’s “Radon Guide for Tenants” pamphlet, copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, and the new statutory Disclosure of Information on Radon Hazards to Tenants form. These must be provided at the time of a prospective tenant’s application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period upon request. Provides that at the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. Requires a tenant who decides to have radon mitigation performed to have the express consent of the lessor before doing so. Makes other changes. Effective Jan. 1, 2024.

(Halpin, D-Chicago; Williams, D-Chicago) amends the Code of Civil Procedure to do two things. (1) If a defendant seeks an examination of the plaintiff during discovery, it allows the plaintiff to have an additional person to be present and video record the examination. (2) Amends the statute giving a preference for a trial setting by lowering the age of a party from 70 to 67 and includes the surviving spouse or next of kin in a wrongful death action. It requires the case to commence within one year of the motion granting the preference unless the court finds that the moving party does not have a substantial interest in the case as a whole. If any new party is added to a lawsuit after the trial setting, any party may move the court to reschedule the trial to commence up to one year after the date a new defendant appeared and answered the complaint or up to one year after the date a plaintiff was added to the lawsuit. The court shall (now, may) grant a motion for preference in setting for trial if a party or, in the case of a wrongful death action, the surviving spouse or next of kin, shows substantial physical or financial hardship or alternatively shows good cause that the interests of justice will be served by granting a preference in setting for trial within one year of the hearing on the motion. Allows any party to move for a trial continuance of up to six months for good cause shown. Applies to actions commenced or pending on or after it becomes law. Passed both chambers. 

House Bill 219 (Hoffman, D-Belleville; Harmon, D-Oak Park) amends the Wrongful Death Act to allow punitive damages under the Act. It exempts actions against the State or an employee of the State in his or her official capacity, in actions against a unit of local government or an employee of a unit of local government in his or her official capacity, and in actions for healing art malpractice or legal malpractice. It has passed the House and awaiting final action in the Senate. Effective on the Governor’s signature.

(Yednock, D-Ottawa) requires that the Department of Financial and Professional Regulation work with the Illinois Real Estate Lawyers Association and other interested parties to develop a standardized residential real estate contract. Scheduled for hearing this Wednesday in House Judiciary Committee. 

(Morrison, D-Deerfield) amends the Administrative Review Article of the Code of Civil Procedure. Provides that for an action to review a decision of an administrative agency with final decision-making authority over designated historic properties or areas or a decision of an administrative agency with final decision-making authority over exterior design review of buildings or structures, "parties of record" means only the administrative agency and applicants before the administrative agency, and "parties of record" does not mean persons who appeared before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed. Requires that within two days of filing the action, the plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision. Requires that the notice shall state the caption of the action, the court in which the action was filed, and the names of the plaintiff in the action and the applicant to the administrative agency. Requires that the notice shall inform the person of his or her right to intervene. Provides that each person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. Scheduled for hearing next Tuesday in Senate Judiciary Committee. 

(Evans, D-Chicago; Castro, D-Chicago) amends Public Act 102-1067 as follows: (1) Makes it applicable if the private work’s aggregate costs of the project exceed $20,000. (2) Deletes liability under this Act for a primary contractor to “a third party on a wage claimant’s behalf incurred pursuant to this Act by a subcontractor.” (3) Clarifies that primary contractors who are parties to a collective bargaining agreement on the work being performed is exempt from liability under this Section. (Instead of being exempt from “specified provisions.”) (4) Exempts primary contractors from liability under this Section for the alteration or repair of an existing single-family dwelling or to a single residential-unit in an existing multi-unit structure. (5) Creates the Bond Reform in the Construction Industry Task Force. This Act takes effect June 10, 2022. 

(Evans, D-Chicago; Castro, D-Elgin) amends the Illinois Wage Payment and Collection Act to make a “primary contractor” engaged in construction of a structure to assume and be liable for any debt owed to a claimant incurred under this Act by a subcontractor at any tier acting under, by, or for the primary contractor. House Bill 5412 applies to any contract entered into on or after July 1, 2022. 

It exempts any work performed by a contractor of the federal government, the State, or unit of local government. Provides that the primary contractor's liability under the new provisions extends only to any unpaid wages or fringe or other benefit payments or contributions, including interest owed, penalties assessed by the Department, and reasonable attorney’s fees, but does not extend to liquidated damages. Primary contractors who are parties to a collective bargaining agreement on the work being performed are exempt from specified provisions. Effective June 10, 2022.