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 HF 211 (4) 85 je/nh/md
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 -1- HF 211 (4) 85 je/nh/md 1/ 1