House
File
211
-
Reprinted
HOUSE
FILE
211
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
31)
(As
Amended
and
Passed
by
the
House
February
28,
2013
)
A
BILL
FOR
An
Act
requiring
in-state
construction
contracts
and
disputes
1
thereof
to
be
governed
by
Iowa
law
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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211
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85
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H.F.
211
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,
10
or
under
real
property
in
this
state.
“In-state
construction
11
contract”
does
not
include
any
agreement
between
this
state
and
12
any
other
state.
13
2.
A
provision
of
an
in-state
construction
contract
is
void
14
and
unenforceable
as
contrary
to
public
policy
if
the
provision
15
does
any
of
the
following:
16
a.
Makes
the
in-state
construction
contract
subject
to
the
17
laws
of
another
state.
18
b.
Requires
any
litigation,
mediation,
arbitration,
or
19
other
dispute
resolution
proceeding
arising
from
the
in-state
20
construction
contract
to
be
conducted
in
another
state.
21
3.
Notwithstanding
any
contractual
provision
to
the
22
contrary,
the
laws
of
this
state
shall
apply
to
every
in-state
23
construction
contract.
24
4.
Any
litigation,
mediation,
arbitration,
or
other
dispute
25
resolution
proceeding
arising
from
or
relating
to
an
in-state
26
construction
contract
shall
be
conducted
in
this
state.
27
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
28
2014.
29
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