§ 13-8-3. Construction contracts and purchase orders -- Venue.

(1) As used in this section, "construction agreement" means a construction contract, subcontract, or purchase order for the design, construction, installation, or repair of an improvement to real property between a:

(a) construction manager;

(b) general contractor;

(c) subcontractor;

(d) sub-subcontractor;

(e) supplier; or

(f) any combination of the persons described under Subsections (1)(a) through (e).

(2) A provision in a construction agreement requiring a dispute arising under the agreement to be resolved in a forum outside of this state is void and unenforceable as against the public policy of this state if:

(a) one of the parties to the agreement is domiciled in this state; and

(b) work to be done and the equipment and materials to be supplied under the agreement involves a construction project in this state.

(3) This section applies to a construction agreement executed, renewed, or materially modified on or after May 5, 1997.

Enacted by Chapter 60, 1997 General Session