415 ILCS 70/ Hazardous Substances Construction Disclosure Act.

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415 ILCS 70/1

(415 ILCS 70/1) (from Ch. 29, par. 1001)

Sec. 1.

This Act may be cited as the Hazardous Substances Construction Disclosure Act.

(Source: P.A. 86-648.)

415 ILCS 70/2

(415 ILCS 70/2) (from Ch. 29, par. 1002)

Sec. 2.

Any contractor or subcontractor who, in the performance of a
construction or excavation contract, discovers any substance or material,
the existence of which has not previously been disclosed to the contractor
by the owner, and applicable law, rule or regulation either (i) requires
the removal or containment thereof, or (ii) prohibits that person from
proceeding unless he is duly licensed therefore and he is not so licensed;
and either (i) the removal or containment thereof cannot be effectuated
without a cessation of the work; or (ii) applicable law, rule or regulation
requires him to cease work; or, (iii) when the continuation of work
exposes any person to a substantial risk; and (iv) if such contract contains no
provision allocating responsibility or liability in the event of an
undisclosed discovery of such substance or material, the contractor, or
subcontractor and any other party whose work is impaired, impeded or
prohibited as a result thereof may interrupt performance of the contract
without penalty until the substance or material is removed or contained by
the owner of the land or improvement and be awarded any damages caused by
the delay.  The owner shall have the right to terminate the
contract upon payment to the contractor of the amount
of any services or materials supplied or expended plus any damages for the
delay to the date of termination of the contract.

(Source: P.A. 86-648.)