IL HB2838

Direct contractors on construction projects entered into on or after July 1, 2019 are liable for unpaid wages, fringe benefits, and other benefit contributions owed by subcontractors at any tier for labor included in the contract.

Direct contractor liability is limited to unpaid wages, fringe benefits, and contributions including interest, but does not extend to penalties or liquidated damages.

The Department of Labor may enforce liability through civil action, and third parties owed fringe benefits may bring civil actions with prevailing plaintiffs entitled to attorney's fees and expert witness costs.

Joint labor-management committees may bring actions for unpaid wages with 30 days' notice requirement to the direct contractor and employing subcontractor prior to commencement.

Subcontractors must provide payroll records and project award information upon request, and direct contractors may withhold disputed sums if subcontractors fail to timely provide requested information.

Civil actions must be commenced within one year from when labor was performed or contract work was substantially completed or abandoned, whichever occurred first.