Gillespie Community Unit School District No. 7 v. Wight & Co.

Summary

The Illinois Supreme Court held that section 13-214(e) of the Illinois Code of Civil Procedure excludes fraudulent misrepresentation claims arising from construction activities from the limitations periods in section 13-214, but does not eliminate all applicable limitation periods. Accordingly, the five-year default limitations period in section 13-205 applied, and the judgment affirming summary judgment for Wight & Co. was affirmed.

Holdings

1. Section 13-214(e) excludes fraud-based construction claims only from the limitations and repose provisions of section 13-214; it does not eliminate every applicable limitations period or provide that such claims may be brought at any time.
2. The five-year statute of limitations in section 13-205, covering all civil actions not otherwise provided for, applies to the School District's construction-based fraudulent misrepresentation claim.
3. Summary judgment for Wight was proper because the five-year limitations period applied, the parties' agreement treated the claim as accruing upon substantial completion, substantial completion occurred in fall 2002, and the claim filed in March 2010 was untimely.

Questions Presented

1. Whether section 13-214(e) of the Illinois Code of Civil Procedure eliminates all statutes of limitations and repose for fraud-based construction claims.
2. Whether the five-year limitations period in section 13-205 applies to the School District's construction-based fraudulent misrepresentation claim.
3. Whether the lower courts properly granted summary judgment to Wight based on the untimeliness of the fraudulent misrepresentation claim.

Disposition

affirmed