United States · Illinois statutory procedure
What does Illinois’s ten-year construction act-based provision measure?
Section 13-214(b) ordinarily measures ten years from the covered construction act or omission. Discovery before those ten years expire guarantees a full four years under subsection (a), which can extend beyond ten years. This calculator measures the ten-year component only.
- Period
- Ten calendar years from the covered act or omission, as a component rather than an absolute final bar
- Trigger
- The covered act or omission in design, planning, supervision, observation, management or construction of an improvement to real property
- Rule
- 735 ILCS 5/13-214(a)–(f)
Section 13-214 source note P.A. 100-201, effective August 18, 2017.
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Which construction act starts the ten-year component?
Identify the particular covered act or omission and its actual date.
Establish actual or reasonable discovery separately from the act date.
Check whether discovery preceded the ten-year expiration and whether disability, a longer promise, fraud or environmental-asbestos injury changes the rule.
735 ILCS 5/13-214(a)–(f)Why is the ten-year component not always the final date?
- Identify the particular covered act or omission and its actual date.
- Measure ten calendar years from the covered act or omission. Separately measure the discovery period. Subsection (b) preserves a full four years when discovery occurs before ten-year expiration, so that qualifying claim can remain timely beyond this component.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Preserve the act and discovery chronologies and establish the actual applicable commencement boundary before filing. Keep any express promise, bond, disability and fraud evidence relevant to the selected branch.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use the nominal ten-year act-based component and separately establish discovery and statutory exceptions. Do not treat this output as the final claim deadline when the full-four-year guarantee or another qualification applies. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the nominal ten-year act-based component and separately establish discovery and statutory exceptions. Do not treat this output as the final claim deadline when the full-four-year guarantee or another qualification applies.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | The covered act or omission in design, planning, supervision, observation, management or construction of an improvement to real property | August 2, 2017 |
| Applicable statutory period | Ten calendar years from the covered act or omission, as a component rather than an absolute final bar | August 2, 2027 |
Fictitious nominal ten-year component only. The full-four-year guarantee and potentially earlier discovery period are separate. This output is not an absolute final claim deadline.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- The full-four-year guarantee can outlast this output
- Subsection (b) expressly guarantees no less than four years under (a) for discovery before ten-year expiration. A nominal ten-year date alone cannot decide that claim’s last filing date.
- The discovery period can also expire sooner
- Subsection (a)’s four-year knowledge period remains relevant. A claim discovered early does not automatically remain open until the tenth year.
- A longer express promise is preserved
- Subsection (d) permits the stated action against a defendant who expressly warranted or promised the improvement for a longer period, within that promised period.
- Fraud and qualifying disability require separate review
- Subsection (e) excludes causes arising from fraudulent misrepresentation or concealment. Subsection (c) addresses inability to sue solely because of minority, developmental disability or mental illness.
- Environmental-asbestos injury is excluded from subsection (b)
- Subsection (f) excludes actions for personal injury, disability, disease or death resulting from environmental discharge of asbestos from this ten-year provision.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 735 ILCS 5/13-214(a)–(f)
What does Illinois’s ten-year construction act-based provision measure?
Can I call the calculated tenth anniversary an absolute deadline?
No. Subsection (b)’s full-four-year discovery guarantee can permit later filing. The other statutory qualifications also need review.
735 ILCS 5/13-214(a)–(f)Does a claim discovered early always remain open for ten years?
No. Subsection (a) measures four years from actual or reasonable knowledge. Establish that component separately.
735 ILCS 5/13-214(a)–(f)Does the ten-year provision bar every asbestos action?
Subsection (f) excludes the stated environmental-asbestos personal injury, disability, disease or death action from (b). Other requirements remain separate.
735 ILCS 5/13-214(a)–(f)Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-214(a)–(f) | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |