ILCS » Chapter 820 · Act 185
Illinois Compiled Statutes

820 ILCS 185/5 (2026)

Definitions

✓ current as of May 2026
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(820 ILCS 185/5)
    Sec. 5. Definitions. As used in this Act:
    "Construction" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site.
    "Contractor" means any individual, sole proprietor, partnership, firm, corporation, limited liability company, association or other legal entity permitted by law to do business within the State of Illinois who engages in construction as defined in this Act.
    "Contractor" includes a general contractor and a subcontractor.
    "Department" means the Department of Labor.
    "Director" means the Director of the Department of Labor.
    "Employer" means any contractor that employs individuals deemed employees under Section 10 of this Act; however, "employer" does not include (i) the State of Illinois or its officers, agencies, or political subdivisions or (ii) the federal government.
    "Entity" means any contractor for which an individual is performing services and is not classified as an employee under Section 10 of this Act; however, "entity" does not include (i) the State of Illinois or its officers, agencies, or political subdivisions or (ii) the federal government.
    "Interested party" means a person with an interest in compliance with this Act.
    "Performing services" means the performance of any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site.
(Source: P.A. 98-106, eff. 1-1-14.)

    
Notes of Decisions
Cited in 3 cases, 2014–2014 · leading case: Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014).
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Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “” 820 ILCS 185/5 (West 2010). Thus, the Act creates a broad presumption that any individual “performing services,” as statutorily defined, for a construction contractor is an employee of that contractor.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “” 820 ILCS 185/5 (West 2010). Thus, the Act creates a broad presumption that any individual “performing services,” as statutorily defined, for a construction contractor is an employee of that contractor.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “” 820 ILCS 185/5 (West 2010). Thus, the Act creates a broad presumption that any individual “performing services,” as statutorily defined, for a construction contractor is an employee of that contractor.”
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