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S.B. 3 Enrolled
AN ACT RELATING TO COMMERCE AND TRADE; MAKING VOID CERTAIN
PROVISIONS OF AGREEMENTS REQUIRING DISPUTES ARISING UNDER AN
AGREEMENT TO BE RESOLVED IN A FORUM OUTSIDE UTAH.
This act affects sections of Utah Code Annotated 1953 as follows:
13-8-3, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-8-3 is enacted to read:
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;
(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.
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