Bill Text: IA SF230 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act requiring in-state construction contracts and disputes thereof to be governed by Iowa law. (Formerly SSB 1124.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF230 Detail]
Download: Iowa-2013-SF230-Introduced.html
Senate
File
230
-
Introduced
SENATE
FILE
230
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1124)
A
BILL
FOR
An
Act
requiring
in-state
construction
contracts
and
disputes
1
thereof
to
be
governed
by
Iowa
law.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
537A.6
In-state
construction
1
contracts
——
Iowa
law
to
govern.
2
1.
As
used
in
this
section,
“in-state
construction
3
contract”
means
a
public,
private,
foreign,
or
domestic
4
agreement
relating
to
construction,
alteration,
repair,
or
5
maintenance
of
any
real
property
in
this
state
and
includes
6
agreements
for
architectural
services,
demolition,
design
7
services,
development,
engineering
services,
excavation,
or
any
8
other
improvement
to
real
property
in
this
state,
including
9
buildings,
shafts,
wells,
and
structures,
whether
on,
above,
or
10
under
real
property
in
this
state.
11
2.
A
provision
of
an
in-state
construction
contract
is
void
12
and
unenforceable
as
contrary
to
public
policy
if
the
provision
13
does
any
of
the
following:
14
a.
Makes
the
in-state
construction
contract
subject
to
the
15
laws
of
another
state.
16
b.
Requires
any
litigation,
meditation,
arbitration,
or
17
other
dispute
resolution
proceeding
arising
from
the
in-state
18
construction
contract
to
be
conducted
in
another
state.
19
3.
Notwithstanding
any
contractual
provision
to
the
20
contrary,
the
laws
of
this
state
shall
apply
to
every
in-state
21
construction
contract.
22
4.
Any
litigation,
mediation,
arbitration,
or
other
dispute
23
resolution
proceeding
arising
from
or
relating
to
an
in-state
24
construction
contract
shall
be
conducted
in
this
state.
25
EXPLANATION
26
This
bill
provides
that
a
provision
of
an
in-state
27
construction
contract
is
void
and
unenforceable
as
contrary
28
to
public
policy
if
the
provision
makes
the
contract
subject
29
to
the
laws
of
another
state
or
requires
any
litigation,
30
meditation,
arbitration,
or
other
dispute
resolution
proceeding
31
arising
from
the
contract
to
be
conducted
in
another
state.
32
The
bill
requires
any
litigation,
mediation,
arbitration,
or
33
other
dispute
resolution
proceeding
arising
from
or
relating
34
to
an
in-state
construction
contract
to
be
conducted
in
this
35
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230
state.
The
bill
also
provides
that
the
laws
of
this
state
1
apply
to
every
in-state
construction
contract,
notwithstanding
2
any
contractual
provision
to
the
contrary.
3
“In-state
construction
contract”,
as
defined
in
the
bill,
4
means
a
public,
private,
foreign,
or
domestic
agreement
5
relating
to
construction,
alteration,
repair,
or
maintenance
6
of
any
real
property
in
this
state
and
includes
agreements
7
for
architectural
services,
demolition,
design
services,
8
development,
engineering
services,
excavation,
or
any
9
other
improvement
to
real
property
in
this
state,
including
10
buildings,
shafts,
wells,
and
structures,
whether
on,
above,
or
11
under
real
property
in
this
state.
12
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