Payment Bond Claims

The Illinois Bond Act applies to public constructionproject completion limitations period is a jurisdictional
projects. The 180 day notice is a condition precedentrequirement. Without having jurisdiction, the Court can
to the right to maintain an action under the Bond Act.not entertain your claim.
That means that before you have the right to file anThe Act clearly states that no action shall be brought
action you must give timely notice.until the expiration of 120 days after the date of the
Any person having a claim for labor, material under thelast item of work or the furnishing of the last item of
Bond Act will not have any such right of action unlesswork or the furnishing of the lost item or materials, nor
he filed a verified notice of said claim with the officer,shall any action of any kind be brought later than 6
board, bureau or department awarding the contract,months after the acceptance by the State of political
within 180 days after the last item or work or thesubdivision thereof of the building project or work.
furnishing of the last item of materials, and shall haveGeneral contract law applied to bonded private
furnished a copy of such verified notice to theconstruction projects. It is important as a subcontractor
contractor within 10 days of filing of the notice with theto beware of the contractual limitations to bring an
agency awarding the contract.action against a general contractors bond.
Compliance with the Bond Act's six month post