• Skip to main content
  • Skip to primary sidebar

Paul Porvaznik - Business Litigator

Case Notes and Summaries of Recent Cases (State and Federal Courts - Illinois Focus)

Hide Search
You are here: Home / Business Torts / “Private Statutes of Limitations” in Illinois: Some Quick Hits

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

September 23, 2013 by PaulP

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.

 

 

 

Share this:

  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on Tumblr (Opens in new window) Tumblr
  • Click to share on X (Opens in new window) X
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print

Filed Under: Business Torts, Civil Procedure, Mechanics Lien/Construction Law, Real estate litigation Tagged With: 13-214, 13-216, accrual agreement, contractual shortening, indemnification agreement, private statute of limitations, substantial completion

Primary Sidebar

Pages

  • Contact Me
  • Expert Witness Services, Freelance Writing Queries
  • My Bio
  • Practice Areas
  • Presentations/Projects
  • Published Content (Print and Electronic Media)

Paul Porvaznik - Business Litigator

Copyright © 2025 · Monochrome Pro on Genesis Framework · WordPress · Log in