Legal Question in Construction Law in Illinois

Re: Equipment Rental Contract

As so often in the law, there is not one easy answer. I'll start with what's most beneficial to you and narrow down to the threats you face by waiting.

735 ILCS 5/13‑214 is a specific portion of Illinois law that applies to construction. You don't specifically say that this is a rental agreement for *construction* equipment, but I'll infer that from the area where you posted your question. 13-214 provides a ten-year statute of limitation for construction contracts, but also a 4-year limitation where certain types of breach are known.

Certain things, including intentional bad acts, like deliberate concealment of relevant facts and criminal behavior can extend those dates.

There are many causes of action (other than breach of contract) that have a two-year statute of limitation. In the case of a deal to provide equipment, I think in particular of quantum meruit and unjust enrichment. There are many circumstances in which a contract is deemed invalid by a court. When that happens, as it often does, you want to have the backup of these other claims.

The other thing to consider is that the passage of time, even aside from these specific statutes, causes your case to deteriorate. People forget, conditions change, records are destroyed or go missing (sometimes in a way or at a time that is legally permitted), and defendants go out of business, declare bankruptcy, become poor, and die.

Bottom line: If you have been sitting on a rental contract claim for more than two years, it is time to move immediately, or make the decision to forget it and move on. If you expect to pursue this claim, and collect on the possible judgment, you may already have waited too long, and the situation is only going to get worse the longer you wait.