Guzman v. C.R. Epperson Construction, Inc., 196 Ill. 2d 391

Summary

The Illinois Supreme Court considered whether a contractor's third-party claims for indemnity and contribution against subcontractors were timely under Illinois statutes of limitations. The court held that the amended section 13-204 applied and that the claims were not time-barred, reversing the circuit court and vacating the appellate court's judgment. The case was remanded for further proceedings.

Holdings

1. Before the amendment to section 13-204, section 13-214 applied to third-party actions for indemnification arising from construction-related acts or omissions.
2. For the third-party indemnity claims at issue, the better rule is that the limitations period begins when the third-party plaintiff is served with the underlying action, rather than when it first discovers the alleged wrongful act or omission.
3. The 1995 amendment to section 13-204, which extended the statute to indemnity claims and made it the controlling limitations provision for contribution and indemnity actions, applied retroactively to the pending claims because the prior limitations period had not fully expired before the amendment's effective date.
4. Epperson's third-party complaint, filed within 19 months after the amendment's effective date, was filed within a reasonable period and was not barred by the amended section 13-204.

Questions Presented

1. Which statute of limitations governed Epperson's third-party construction-related indemnity and related claims before and after the 1995 amendment to section 13-204 of the Illinois Code of Civil Procedure?
2. When did the limitations period for Epperson's third-party claims begin to run?
3. Could the 1995 amendment to section 13-204 apply retroactively, and were Epperson's claims timely under the reasonable-period rule for amendments shortening a limitations period?

Disposition

reversed_and_remanded