Illinois contractors should retain all construction documents for at least 16 years from the close of projects. A direct plaintiff claiming construction design or workmanship errors must file suit within four years from discovering the cause of action. 735 ILCS 5/13-214(a) (West 2009). However, a plaintiff has 10 years in which to make the discovery. 735 ILCS 5/13-214(b) (West 2009). Consequently, the limitations period for a direct action in Illinois could be as much as 14 years.
Additionally, the Illinois Contribution statute (indirect actions for contribution or indemnity) allows a defendant in a direct action two years from the date of service to sue others for contribution or indemnity. 735 ILCS 5/13-204 (West 2009). Thus, a designer or contractor can be exposed in Illinois for up to 16 years from the date of the design or construction. Contractors should therefore retain project documents for 16 years after project closeout.
Note: This article was published in the November 5, 2009 issue of the Construction eAuthority.
