As used in this Section, "person" means any individual, any business or legal entity, or any body politic.
13-214.Construction; design management and supervision.
Article XIII. Limitations · Part 2. Personal Actions · Last amended 2017 · Last verified July 20, 2026
In one sentenceGives construction-related claims 4 years from discovery of the act or omission, capped by a 10-year statute of repose, with the repose period lifted for fraud-based claims and for asbestos-discharge injuries.
Full Text of 735 ILCS 5/13-214
(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.
Plain-English Summary
Subsection (a) covers claims against anyone for an act or omission in designing, planning, supervising, observing, or managing construction, or in constructing an improvement to real property: the action must be commenced within 4 years from when the plaintiff, or the plaintiff's privity, knew or should reasonably have known of the act or omission. A surety on a payment or performance bond gets the same time limit as the bond principal.
Subsection (b) caps that discovery period with a repose deadline: no action may be brought more than 10 years after the act or omission. But anyone who discovers the act or omission before that 10-year mark still keeps a full 4 years to sue, even if the 10-year repose period would otherwise cut that short. Minors and people under a developmental disability or mental illness get the clock held open under subsection (c) until turning 18 or the disability is removed, and subsection (d) lets a defendant's own express warranty for a longer period control instead of the 10-year cap.
Two categories fall outside the 10-year repose cap entirely: subsection (e) exempts claims based on fraudulent misrepresentation or fraudulent concealment of the cause of action, and subsection (f) exempts personal injury, disability, disease, or death claims resulting from the discharge of asbestos into the environment.
Frequently Asked Questions
What is Illinois's statute of limitations for a construction defect claim?
4 years from when the plaintiff, or the plaintiff's privity, knew or should reasonably have known of the act or omission.
Is there an outer limit on construction claims regardless of discovery?
Yes. Subsection (b) bars an action more than 10 years after the act or omission, though anyone who discovers it before that mark still gets a full 4 years to sue.
Does the 10-year repose period apply to fraud claims?
No. Subsection (e) exempts claims based on fraudulent misrepresentation or fraudulent concealment of the cause of action from that repose cap.
Does the 10-year repose period apply to asbestos injury claims?
No. Subsection (f) exempts personal injury, disability, disease, or death claims resulting from the discharge of asbestos into the environment.
What time limit applies to a surety on a construction payment or performance bond?
The same time limitation that applies to the bond principal.
Amendment History
(Source: P.A. 100-201, eff. 8-18-17.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois construction statute of limitationsillinois statute of repose construction defect10 year statute of repose illinois constructionillinois asbestos lawsuit statute of limitations