An Illinois appellate court in Prate Installations v. Thomas (Jan. 24, 2006) has held that the ten year statute of limitations applied and not the four year construction statute. Plaintiff is a roofing contractor that did work for the defendant homeowners. Despite repeated bills, the owners failed to pay for the work. More than four years later, the contractor sued. The owners asserted that the claim was barred by the four year statute of limitations for "[a]ctions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property." The court held that the homeowners did not fit within this definition and the normal ten year contract statute of limitations applied.