Public Act 098-1131 was signed into law on December 19, 2014. The Act amends the Illinois construction statute of repose to exclude asbestos actions effective June 1, 2015 (735 Ill. Comp. Stat. 5/13-214(b)).

Section 214(b) of the Illinois construction statute of repose provides that no action based upon tort, contract or otherwise may be brought against any person for an act or omission in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property, after ten years have elapsed from the time of the act or omission.

The new Act adds Section 13-214(f), which eliminates the Section 214(b) defense for actions based on personal injury, disability, disease or death resulting from the discharge of asbestos into the environment.

The construction industry began phasing out asbestos use in the early 1970s after the passage of the Occupational Safety and Health Act. However, builders, architects, construction managers, and their insurers, now face potentially serious liability for asbestos claims relating to construction projects completed decades ago.