“Private Statutes of Limitations” in Illinois: Some Quick Hits

The Featured Case: 15th Place Condominium Ass’n v. Fitzgerald Associates Architects, PC, 2013 ILApp(1st) 122292-U (September 5, 2013)

Key Rules:  

1/ Illinois’ ten-year statute of limitations (SOL) governs a developer’s breach of indemnity claim against a general contractor when the indemnity clause is part of a construction contract (735 ILCS 5/13-206);

2/ The four-year SOL (735 ILCS 5/13-214(a)) for construction-related claims does not apply to breach of a contract’s indemnification provision – even where the indemnification clause is contained in a construction contract;

3/ Contracting parties are free to agree to a shortened limitations period for claims as long as it’s unambiguous and the parties are on an equal negotiating footing;

4/ The nature of the injury determines the applicable SOL; not the pleader’s designation of the claim

–  Parties are free to mutually abbreviate a limitations period to file suit so long as it is reasonable;

¶¶ 40-44, 19-21, 50-51.

 

 

 

Published by

PaulP

Litigation attorney at Fisher Kanaris, P.C. representing businesses and individuals in all types of commercial disputes.