Construction Litigation Time Limitations In Illinois

 Posted on October 21, 2024 in Construction Defect Litigation

One of the most important considerations when deciding whether to file a lawsuit arising out of a construction project is whether the claim is time-barred, meaning that the period of time during which the claim may be brought has passed. An Illinois construction law attorney can advise you on how Illinois law addresses the time limitations for bringing construction claims. These statutes also apply to legal claims arising out of injuries related to the construction.

There are two primary laws that govern the time period for filing a construction lawsuit in Illinois: the statute of limitations and the statute of repose.

Illinois Statute of Limitations

The Illinois statute of limitations on construction projects governs the time period claimants have for filing a lawsuit. Claimants in a construction suit have four years to file the lawsuit from the time they knew or should have known of the existence of the construction claim. If claims are not filed within four years from the time the claimant knew or should have known of the construction defect, the claimant will lose the right to make that claim in a court of law.

Illinois Statute of Repose 

The statute of repose concerns the final deadline to file a lawsuit even in cases where a claimant did not know that he had a claim until after the statute of limitations expired. Under the statute of repose, if you do not discover the potential claim within ten years, you lose the right to make that claim.

Putting It Together

What these two statutes mean is that the maximum potential amount of time for filing a claim would be 14 years from the time the claim occurred. Of course, the time each individual claim has will depend on the circumstances of a particular case. For example, if you discover the claim after 10 years, you will then have four years until the statute of limitations runs out. It is also possible for two parties to agree to set their own time periods to the statute of limitations and repose, but that period should be reasonable.

Exceptions to the Statutes Governing Time Limits

There are some exceptions to the statute of limitations and repost in Illinois construction claims:

• Personal injury: If a construction defect causes a personal injury, the statute of limitations gives you two years from the date of the injury, or the date the injury was discovered, to file the lawsuit.

• Minors: The statute of limitations may be paused for a minor until they are adults.

• Fraud: In the event of a construction defect arising from fraud, the statute will begin running when you discover the claim.

Contact a DuPage County, IL Construction Law Attorney

When discovering a construction defect that you believe may be grounds for a claim, we recommend contacting a Naperville, IL construction lawyer. An experienced and skilled construction attorney can advise you on the nuances of the time limitation laws in Illinois, which will determine when you may file a lawsuit and whether your claim is allowed by Illinois law. At Lindell & Tessitore, P.C., our extensive experience in construction law allows us to protect our clients’ interests. Contact our office by calling 630-778-3818 today. We offer free consultations.