Thos. M. Madden Co. v. State

OPINION

Epstein, J.

This contractors claim against the Respondents Department of Transportation (“IDOT”) is before us on the Respondents motion pursuant to section 2-619(a)(5) of the Code of Civil Procedure to dismiss the claim as time-barred by the 4-year construction claim limitation of section 13-214 of the Code. (735 ILCS 5/13-214.) Claimant disputes the applicability of that statute to this claim, which it maintains is governed by the 5-year contract claim limitation of section 22(a) of the Court of Claims Act. (705 ILCS 505/22(a).)

The Limitations Issue

This action was filed on October 19,…