Illinois Compiled Statutes
30 ILCS 550/2 (2026)
Every person furnishing material, apparatus, fixtures, machinery, or performing labor, either as an individual or as a sub-contractor, hereinafter referred to as Claimant, for any contractor, with the State, or a political subdivision thereof where bond or letter of credit shall be executed as provided in this Act, shall have the right to sue on such bond or letter of credit in the name of the State, or the political subdivision thereof entering into such contract, as the case may be, for his use and benefit, and in such suit the plaintiff shall file a copy of such bond or letter of credit, certified by the party or parties in whose charge such bond or letter of credit shall be, which copy shall, unless execution thereof be denied under oath, be prima facie evidence of the execution and delivery of the original; provided, however, that this Act shall not be taken to in any way make the State, or the political subdivision thereof entering into such contract, as the case may be, liable to such sub-contractor, materialman or laborer to any greater extent than it was liable under the law as it stood before the adoption of this Act
✓ current as of May 2026
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(30 ILCS 550/2)
(from Ch. 29, par. 16)
Sec. 2.
Every person furnishing material, apparatus, fixtures, machinery, or performing labor, either
as an individual or as a sub-contractor, hereinafter referred to as Claimant, for any contractor, with the
State, or a political subdivision thereof where bond or letter of
credit shall be executed as provided in this Act, shall have the right to
sue on such bond or letter of credit in the name of the State, or the
political subdivision thereof entering into such contract, as the case may
be, for his use and benefit, and in such suit the plaintiff shall file a
copy of such bond or letter of credit, certified by the party or parties in
whose charge such bond or letter of credit shall be, which copy shall,
unless execution thereof be denied under oath, be prima facie evidence of
the execution and delivery of the original; provided, however, that this
Act shall not be taken to in any way make the State, or the political
subdivision thereof entering into such contract, as the case
may be, liable to such sub-contractor, materialman or laborer to any
greater extent than it was liable under the law as it stood before the
adoption of this Act. Provided, however, that any Claimant having a claim
for labor, material, apparatus, fixtures, and machinery furnished to the State shall have no such right of action
unless it shall have filed a verified notice of said claim with the
officer, board, bureau or department awarding the contract, within 180
days after the date of the last item of work or the furnishing of the
last item of materials, apparatus, fixtures, and machinery, and shall have furnished a copy of such verified
notice to the contractor within 10 days of the filing of the notice with
the agency awarding the contract. When any Claimant has a claim for labor, material, apparatus, fixtures, and machinery furnished to a political subdivision, the Claimant shall have no right of action unless it shall have filed a verified notice of that claim with the Clerk or Secretary of the political subdivision within 180 days after the date of the last item of work or furnishing of the last item of materials, apparatus, fixtures, and machinery, and shall have filed a copy of that verified notice upon the contractor in a like manner as provided herein within 10 days after the filing of the notice with the Clerk or Secretary. The Claimant may file said verified notice by using personal service or by depositing the verified notice in the United States Mail, postage prepaid, certified or restricted delivery return receipt requested limited to addressee only. The verified notice shall be deemed filed on the date personal service occurs or the date when the verified notice is mailed in the form and manner provided in this Section.
The claim shall be verified and shall contain
(1) the name and address of the claimant; the business address of the
Claimant within this State and if the Claimant shall be a foreign
corporation having no place of business within the State, the notice
shall state the principal place of business of said corporation and in
the case of a partnership, the notice shall state the names and
residences of each of the partners; (2) the name of the contractor for
the government; (3) the name of the person, firm or corporation by whom
the Claimant was employed or to whom he or it furnished materials, apparatus, fixtures, or machinery; (4)
a brief description of the public
improvement; (5) a description of the Claimant's contract as it pertains to the public improvement, describing the work done by the Claimant and stating the total amount due and unpaid as of the date of verified notice.
No defect in the notice herein provided for shall deprive the
Claimant of his right of action under this article unless it shall
affirmatively appear that such defect has prejudiced the rights of an
interested party asserting the same.
Provided, further, that no action shall be brought later than one year after the date of the
furnishing of the last item of work, materials, apparatus, fixtures, or machinery by the Claimant. Such action shall be
brought only in the circuit court of this State in the judicial circuit in
which the contract is to be performed.
The remedy provided in this Section is in addition to and independent of
any other rights and remedies provided at law or in equity. A waiver of rights
under the Mechanics Lien Act shall not constitute a waiver of rights under this
Section unless specifically stated in the waiver.
For the purposes of this Section, the terms "material", "labor", "apparatus", "fixtures", and "machinery" include those rented items that are on the construction site and those rented tools that are used or consumed on the construction site in the performance of the contract on account of which the bond is given. (Source: P.A. 101-65, eff. 1-1-20.)
Notes of Decisions
Cited in 26
cases (1 in the last 5 years), 1995–2024 · leading case: Ardon Elec. Co. v. Winterset Constr. Inc., 820 N.E.2d 21 (Ill. App. Ct. 2004).
Ardon Elec. Co. v. Winterset Constr. Inc., 820 N.E.2d 21 (Ill. App. Ct. 2004). “(collectively plaintiffs), appeal the trial court’s February 23, 2003, order dismissing their third-party-beneficiary claims directed against the defendant Village of Merrionette Park (Village) as time-barred under section 2 of the Public Construction Bond Act (Bond Act) (30…”
Shaw Indus., Inc. v. Cmty. Coll. Dist. No. 515, 741 N.E.2d 642 (Ill. App. Ct. 2000). “ed reversible error in dismissing its amended complaint because (1) plaintiff was a third-party beneficiary authorized to bring the cause of action pursuant to section 1 of the Bond Act (30 ILCS 550/1 (West 1998)), and (2) plaintiff’s breach of contract suit against the…”
MQ Constr. Co. v. Intercargo Ins., 742 N.E.2d 820 (Ill. App. Ct. 2000). “On appeal, defendant contends that the trial court erred in finding that December 12,1996, was the “last day of work” of plaintiff on the project for purposes of determining whether plaintiff filed a timely notice of its claim against defendant’s bond as required by the Illinois…”
Lake Cnty. Grading Co. v. Vill. of Antioch, 2013 IL App (2d) 120474 (Ill. App. Ct. 2013). “On appeal, the Village argues that under section 1 a payment bond provision was read into Neumann’s performance bonds, and therefore plaintiff’s recourse was to file an action on the bonds under section 2 of the Bond Act, which was barred by the 180-day limitations period set…”
Est. of Willis v. Kiferbaum Constr. Corp., 830 N.E.2d 636 (Ill. App. Ct. 2005). “Illinois courts have held that subcontractors can acquire third-party-beneficiary status in contracts between government entities and general contractors pursuant to the Public Construction Bond Act (30 ILCS 550/2 (West 2002)) and where general contractors agree to obtain surety…”
Carroll Seating Co. JJL Inc. v. Verdico, 861 N.E.2d 1045 (Ill. App. Ct. 2006). “Seeking to have the circuit court reconsider and vacate its grant of summary judgment to Carroll Seating, intervenors argued that plaintiffs’ claims on the bond were untimely because the six-month time limit contained in section 2 of the Bond Act (30 ILCS 550/2 (West 2002)), and…”
A.E.I. Music Network, Inc. v. Bus. Computers, Inc., 290 F.3d 952 (7th Cir. 2002). “” 30 ILCS 550/2 (emphasis added). In short, the 180-day statute of limitations is applicable only to a suit on the bond.”
Bd. of Library Trs. of Westmont v. Cinco Constr., Inc., 658 N.E.2d 473 (Ill. App. Ct. 1995). “) Although we know of no Illinois case which discusses the "use plaintiff” designation in modern pleading practice, we note that the Public Construction Bond Act (30 ILCS 550/2 (West 1994)) does specifically provide for such pleading.”
William J. Templeman Co. v. United States Fid. & Guar. Co., 317 Ill. App. 3d 764 (Ill. App. Ct. 2000). “” 30 ILCS 550/2 (West 1996). Concluding that Premier’s May 7, 1987, letter to USF&G failed to provide adequate notice under the Bond Act in that it was not verified and did not specify the amount claimed to be due and owing (as required by the Act), the trial court granted…”
Walker Process Equip. v. Advance Mech. Sys., Inc., 668 N.E.2d 132 (Ill. App. Ct. 1996). “he claim shall be verified and shall contain (1) the name and address of the claimant; the business address of the claimant within this State * * *; (2) the name of the contractor for the government; (3) the name of the person, firm or corporation by whom the claimant was…”
In Re Petroleum Piping Contractors, Inc., 211 B.R. 290 (Bankr. N.D. Ind. 1997). “A claim on a Statutory Contractor’s Bond given by a contractor for a public works project, may be asserted pursuant to Section Two of the Illinois Public Construction Bond Act, 30 ILCS 550/2, which provides as follows: Every person furnishing material or performing labor, either…”
Lake Cnty. Grading Co. v. Vill. of Antioch, 2014 IL 115805 (Ill. 2014). “The Village argued that plaintiff’s only cause of action was against the bonds themselves, but because plaintiff gave notice of its claims more than 180 days after last working on the project, the claims were barred by the limitations period found in section 2 of the Bond Act…”
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