ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/13-214 (2026)

Construction; design management and supervision

✓ current as of May 2026
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(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
    Sec. 13-214. Construction; design management and supervision. As used in this Section, "person" means any individual, any business or legal entity, or any body politic.
    (a) Actions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property shall be commenced within 4 years from the time the person bringing an action, or his or her privity, knew or should reasonably have known of such act or omission. Notwithstanding any other provision of law, contract actions against a surety on a payment or performance bond shall be commenced, if at all, within the same time limitation applicable to the bond principal.
    (b) No action based upon tort, contract or otherwise may be brought against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property after 10 years have elapsed from the time of such act or omission. However, any person who discovers such act or omission prior to expiration of 10 years from the time of such act or omission shall in no event have less than 4 years to bring an action as provided in subsection (a) of this Section. Notwithstanding any other provision of law, contract actions against a surety on a payment or performance bond shall be commenced, if at all, within the same time limitation applicable to the bond principal.
    (c) If a person otherwise entitled to bring an action could not have brought such action within the limitation periods herein solely because such person was under the age of 18 years, or a person with a developmental disability or a person with mental illness, then the limitation periods herein shall not begin to run until the person attains the age of 18 years, or the disability is removed.
    (d) Subsection (b) shall not prohibit any action against a defendant who has expressly warranted or promised the improvement to real property for a longer period from being brought within that period.
    (e) The limitations of this Section shall not apply to causes of action arising out of fraudulent misrepresentations or to fraudulent concealment of causes of action.
    (f) Subsection (b) does not apply to an action that is based on personal injury, disability, disease, or death resulting from the discharge into the environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)

    
Notes of Decisions
Cited in 122 cases (10 in the last 5 years), 1993–2026 · leading case: The Henderson Square Condo. Ass'n v. LAB Townhomes, LLC, 2015 IL 118139 (Ill. 2015).
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The Henderson Square Condo. Ass'n v. LAB Townhomes, LLC, 2015 IL 118139 (Ill. 2015). · cites it 9× “Defendants maintained that under section 13-214(a) and (b) of the Code (735 ILCS 5/13-214(a), (b) (West 1996)), plaintiffs’ claims were time-barred, having been filed more than 14 years after defendants turned over control of Henderson to the Board in 1996.”
The Henderson Square Condo. Ass'n v. Lab Townhouses, 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). · cites it 11× “Defendants argued that these causes of action were time- barred pursuant to section 13-214 of the Code of Civil Procedure (735 ILCS 5/13-214 (West 1996) 2 (providing a 4-year statute of limitations for construction-based claims and a 10-year statute of repose for…”
Beetle v. Wal-Mart Assocs., Inc., 761 N.E.2d 364 (Ill. App. Ct. 2001). · cites it 6× “The sole issue presented in this appeal is whether the four-year statute of limitations period in section 13-214(a) of the Code of Civil Procedure (Code) (735 ILCS 5/13-214(a) (West 1998)) or the two-year limitations period in section 2 of the Wrongful Death Act (Act) (740 ILCS…”
Maggi v. RAS Dev., Inc., 949 N.E.2d 731 (Ill. App. Ct. 2011). · cites it 2× “RAS Development contends that plaintiff knew of its involvement in the construction project more than 18 months before the limitations period expired but made no attempt to add it as a defendant until more than 2 years after the expiration of the statute of limitations.”
Marseilles Hydro Power, LLC v. Marseilles Land & Water Co., 518 F.3d 459 (7th Cir. 2008). · cites it 2× “The power company argues for Illinois’s four-year statute of limitations governing damage arising from negligent construction of improvements, 735 ILCS 5/13-214(a); the canal company would prefer the five-year general limitations period on property damage, 735 ILCS 5/13-205.”
Henderson Square Condo. Ass' v. LAB Townhomes, L.L.C., 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). · cites it 10× “Defendants argued that these causes of action were time-barred pursuant to section 13-214 of the Code of Civil Procedure (735 ILCS 5/13-214 (West 1996)2 (providing a 4-year statute of limitations for construction-based claims and a 10-year statute of repose for…”
Sexton v. City of Chicago, 2012 IL App (1st) 100010 (Ill. App. Ct. 2012). · cites it 3× “Second, the City contended that insofar as the plaintiff’s claim was based upon a theory of negligent design in the traffic control preemption system, it was barred by a 10-year statute of repose (see 735 ILCS 5/13-214(b) (West 2006)). Finally, the City argued that the…”
15th Place Condo. Ass'n v. South Campus Dev. Team, LLC, 2014 IL App (1st) 122292 (Ill. App. Ct. 2014). · cites it 4× “Applying those accrual dates to the four-year statute of limitations applicable to construction-related activity (735 ILCS 5/13-214(a) (West 2008)), Fitzgerald argued that SCDT's claims against it were time-barred because Fitzgerald and SCDT did not enter into the tolling…”
933 Van Buren Condo. Assoc. v. West Van Buren, LLC, 2016 IL App (1st) 143490 (Ill. App. Ct. 2016). · cites it 2× “735 ILCS 5/13-214 (West 2012) (“Actions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property shall be…”
Krueger v. A.P. Green Refractories Co., 669 N.E.2d 947 (Ill. App. Ct. 1996). · cites it 3× “The trial court found that Sprinkmann qualified for protection under the construction statute of repose (735 ILCS 5/13-214 (West 1994)), and granted summary judgment in favor of Sprinkmann because Katherine had not commenced the suit within the ten year period required by the…”
Paszkowski v. Metro. Water Rec. Dist., 789 N.E.2d 342 (Ill. App. Ct. 2003). · cites it 9× “The District filed a motion to dismiss based on section 8-101 of the Local Governmental and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/8-101 (West 1998)), alleging that plaintiff filed the complaint beyond the one year time limit for bringing the action.”
DeMarco v. Ecklund, 792 N.E.2d 404 (Ill. App. Ct. 2003). · cites it 5× “" 735 ILCS 5/13-214 (West 2000). This case centers on Swanson's obligation to build a detention pond rather than the real estate purchase as a whole, so we find section 13-214 more specific.”
Show all 122 citing cases →
— 735 ILCS 5/13-214(a) — 53 cases
Beetle v. Wal-Mart Assocs., Inc., 761 N.E.2d 364 (Ill. App. Ct. 2001). “The sole issue presented in this appeal is whether the four-year statute of limitations period in section 13-214(a) of the Code of Civil Procedure (Code) (735 ILCS 5/13-214(a) (West 1998)) or the two-year limitations period in section 2 of the Wrongful Death Act (Act) (740 ILCS…”
The Henderson Square Condo. Ass'n v. LAB Townhomes, LLC, 2015 IL 118139 (Ill. 2015). “Defendants maintained that under section 13-214(a) and (b) of the Code (735 ILCS 5/13-214(a), (b) (West 1996)), plaintiffs’ claims were time-barred, having been filed more than 14 years after defendants turned over control of Henderson to the Board in 1996.”
Marseilles Hydro Power, LLC v. Marseilles Land & Water Co., 518 F.3d 459 (7th Cir. 2008). “The power company argues for Illinois’s four-year statute of limitations governing damage arising from negligent construction of improvements, 735 ILCS 5/13-214(a); the canal company would prefer the five-year general limitations period on property damage, 735 ILCS 5/13-205.”
The Henderson Square Condo. Ass'n v. Lab Townhouses, 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). “Defendants argued that these causes of action were time- barred pursuant to section 13-214 of the Code of Civil Procedure (735 ILCS 5/13-214 (West 1996) 2 (providing a 4-year statute of limitations for construction-based claims and a 10-year statute of repose for…”
15th Place Condo. Ass'n v. South Campus Dev. Team, LLC, 2014 IL App (1st) 122292 (Ill. App. Ct. 2014). “Applying those accrual dates to the four-year statute of limitations applicable to construction-related activity (735 ILCS 5/13-214(a) (West 2008)), Fitzgerald argued that SCDT's claims against it were time-barred because Fitzgerald and SCDT did not enter into the tolling…”
— 735 ILCS 5/13-214(b) — 55 cases
Sexton v. City of Chicago, 2012 IL App (1st) 100010 (Ill. App. Ct. 2012). “Second, the City contended that insofar as the plaintiff’s claim was based upon a theory of negligent design in the traffic control preemption system, it was barred by a 10-year statute of repose (see 735 ILCS 5/13-214(b) (West 2006)). Finally, the City argued that the…”
The Henderson Square Condo. Ass'n v. LAB Townhomes, LLC, 2015 IL 118139 (Ill. 2015). “Defendants maintained that under section 13-214(a) and (b) of the Code (735 ILCS 5/13-214(a), (b) (West 1996)), plaintiffs’ claims were time-barred, having been filed more than 14 years after defendants turned over control of Henderson to the Board in 1996.”
Am. Fam. Mut. Ins. Co. v. Plunkett, 2014 IL App (1st) 131631 (Ill. App. Ct. 2014).
Ambrosia Land Investments, LLC v. Peabody Coal Co., 521 F.3d 778 (7th Cir. 2008).
Evanston Ins. Co. v. Riseborough, 2014 IL 114271 (Ill. 2014).
— 735 ILCS 5/13-214(d) — 1 case
Mcintosh v. A & M Insulation Co., 614 N.E.2d 203 (Ill. App. Ct. 1993).
— 735 ILCS 5/13-214(e) — 7 cases
The Henderson Square Condo. Ass'n v. LAB Townhomes, LLC, 2015 IL 118139 (Ill. 2015). “Defendants maintained that under section 13-214(a) and (b) of the Code (735 ILCS 5/13-214(a), (b) (West 1996)), plaintiffs’ claims were time-barred, having been filed more than 14 years after defendants turned over control of Henderson to the Board in 1996.”
The Henderson Square Condo. Ass'n v. Lab Townhouses, 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). “Defendants argued that these causes of action were time- barred pursuant to section 13-214 of the Code of Civil Procedure (735 ILCS 5/13-214 (West 1996) 2 (providing a 4-year statute of limitations for construction-based claims and a 10-year statute of repose for…”
The Henderson Square Condo. Ass'n v. LAB Townhomes, LLC, 2015 IL 118139 (Ill. 2016).
Illinois Masonic Med. Ctr. v. AC & S, 640 N.E.2d 31 (Ill. App. Ct. 1994).
Henderson Square Condo. Ass' v. LAB Townhomes, L.L.C., 2014 IL App (1st) 130764 (Ill. App. Ct. 2014). “Defendants argued that these causes of action were time-barred pursuant to section 13-214 of the Code of Civil Procedure (735 ILCS 5/13-214 (West 1996)2 (providing a 4-year statute of limitations for construction-based claims and a 10-year statute of repose for…”
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