State of Illinois
92nd General Assembly
Legislation

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92_HB2477

 
                                               LRB9204192DJgc

 1        AN ACT in relation to contracts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Building and Construction Contract Act.

 6        Section 5.  Definitions.  In this Act:
 7        "Building and construction contract" means a contract for
 8    the design, construction, alteration, improvement, repair, or
 9    maintenance of real property, highways, roads, or bridges.
10        "Business day" means any calendar day except Sunday or  a
11    federal holiday.

12        Section  10. Prompt payment.  A building and construction
13    contract  must  require  the   prime   contractor   and   all
14    subcontractors   to   pay  each  subcontractor  and  material
15    supplier within 10 business days after the  prime  contractor
16    or  subcontractor  receives  payment  from  the  owner or the
17    owner's agent for undisputed amounts for service provided  by
18    a  subcontractor  or  materials  provided by a supplier.  The
19    contract  must  require  that   the   prime   contractor   or
20    subcontractor  pay  interest  under the Mechanics Lien Act on
21    any undisputed amount not paid within 10 business days  after
22    payment  is  received  from  the  owner  or owner's agent.  A
23    subcontractor or supplier who prevails in a civil  action  to
24    collect  the  interest  shall  be awarded its costs and fees,
25    including but not limited to  attorney's  fees,  incurred  in
26    enforcing this Section.

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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