Proposed House Bill 4073 - Amending the Improvement to Real Property Statute
Our Illinois General Assembly has a proposed amendment to the Improvement to Real Property statute.
Here is the issue...that statute at sub-paragraph (b) talks about a four year period to
assert claims arising out of improvements to real property. The Illinois Contribution Among Tortfeasors Act addresses a two year period in which a party defendant can assert a right of contribution against a tort-feasor.
Here is the disconnect, in a tort case arising out of an improvement to real property, must the contribution right be asserted in the two year period per the Ill. Contribution Among Joint Tortfeasors Act or is a four year period afforded the right of action as suggested by sub-paragraph (b) of the Ill. Improvement to Real Property statute.
I was under the impression that the Contribution Act controlled the issue and that a defendant had to observe the two year limitation. The legislature wants to make that very clear in the proposed House Bill which at sub-paragraph (f) makes explicit the contribution limitations period controlling.
You can track the Bill here.
You ask: So what kind of contractor wouldn't or doesn't let the owner know that a lien is in place?
Clearly, if the contractor knows that the property owner is about to sell or refinance the property, the contractor would not want the property owner to know that the lien is in place. The contractor is in much stronger position if the lien is not discovered until the title company performs its title search a week or two before closing. At that point, it would be too late for the property owner to take steps to remove the lien (eg, a 30-day letter), and the property owner would have no choice but to pay the contractor so that the transaction could go through.