IL HB5412

Primary contractors in Illinois construction must assume liability for unpaid wages, fringe benefits, and other payments owed by subcontractors to workers on contracts entered into on or after July 1, 2022

Primary contractor liability covers unpaid wages, fringe or other benefit payments, interest, Department penalties, and reasonable attorney's fees, but excludes liquidated damages

Subcontractors must indemnify primary contractors for wage-related failures unless the primary contractor failed to pay moneys due to the subcontractor under their contract

Exemptions apply to federal government work, state and local government work, property owners performing work on their primary residence, and primary contractors operating under collective bargaining agreements

Written notice to the employer and primary contractor is required before filing a civil action, with a 10-day resolution period unless extended by agreement