§ 410.42 Construction subcontracts; unenforceability of provisions requiring dispute resolution outside state

Codes > California Code of Civil Procedure > Part 2 > Title 5 > 410.42

§ 410.42. Construction subcontracts; unenforceability of provisions requiring dispute resolution outside state

Section operative until July 1, 2012. See, also, section operative July 1, 2012.

    The following provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a public or private work of improvement in this state, shall be void and unenforceable:

    (a) A provision which purports to require any dispute between the parties to be litigated, arbitrated, or otherwise determined outside this state.

    (b) A provision which purports to preclude a party from commencing such a proceeding or obtaining a judgment or other resolution in this state or the courts of this state.

    For purposes of this section, “construction” means any work or services performed on, or materials provided for, a work of improvement, as defined in Section 3106 of the Civil Code, and for which a lien may be claimed pursuant to Section 3110 of the Civil Code (whether or not a lien is in fact claimed) or for which such a lien could be claimed but for Section 3109.