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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2787
LRB9102947WHprA
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 13-222.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 13-222 as follows:
7 (735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
8 Sec. 13-222. Actions against professional land surveyors.
9 (a) If less than 5 years have elapsed since the person
10 claiming the damage first knew or should have known of any
11 negligence, error, omission, tort, breach of contract, or
12 other actionable conduct in the making of any survey, the
13 person must bring an action against a professional land
14 surveyor for the negligence, error, omission, tort, breach of
15 contract, or other actionable conduct in the making of any
16 survey, or for contribution or indemnity, within 2 years
17 after the person first knew or should have known of the
18 negligence, error, omission, tort, breach of contract, or
19 other actionable conduct, except as otherwise provided in
20 subsection (c).
21 (b) If 5 years or more have elapsed since the person
22 claiming the damage first knew or should have known of any
23 negligence, error, omission, tort, breach of contract, or
24 other actionable conduct in the making of any survey, the
25 person may not bring an action against a professional land
26 surveyor to recover damages for the negligence, error,
27 omission, tort, breach of contract, or other actionable
28 conduct in the making of any survey, or for contribution or
29 indemnity, except as otherwise provided in subsection (c).
30 (c) Notwithstanding the provisions of subsections (a)
31 and (b), if the person entitled to bring the action is under
-2- LRB9102947WHprA
1 the age of 18 or under legal disability, the period of
2 limitation under this Section does not begin to run until the
3 person reaches 18 years of age or the disability is removed.
4 (d) Contract actions against a surety on a payment or
5 performance bond must be commenced within the same time
6 limitation applicable to the bond principal.
7 Registered land surveyor. No action may be brought
8 against a Registered Land Surveyor to recover damages for
9 negligence, errors or omissions in the making of any survey
10 nor for contribution or indemnity related to such negligence,
11 errors or omissions more than 4 years after the person
12 claiming such damages actually knows or should have known of
13 such negligence, errors or omissions. This Section applies to
14 surveys completed after July 26, 1967.
15 (Source: P.A. 82-280.)
16 Section 99. This Act takes effect on January 1, 2000.