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      RS 9:2779     


§2779.  Construction contracts, subcontracts, and purchase orders; certain provisions invalid

A.  The legislature finds that, with respect to construction contracts, subcontracts, and purchase orders for public and private works projects, when one of the parties is domiciled in Louisiana, and the work to be done and the equipment and materials to be supplied involve construction projects in this state, provisions in such agreements requiring disputes arising thereunder to be resolved in a forum outside of this state or requiring their interpretation to be governed by the laws of another jurisdiction are inequitable and against the public policy of this state.  

B.  The legislature hereby declares null and void and unenforceable as against public policy any provision in a contract, subcontract, or purchase order, as described in Subsection A, which either:

(1)  Requires a suit or arbitration proceeding to be brought in a forum or jurisdiction outside of this state; rather, such actions or proceedings may be pursued in accordance with the Louisiana Code of Civil Procedure or other laws of this state governing similar actions.  

(2)  Requires interpretation of the agreement according to the laws of another jurisdiction.  

C.  The provisions of this Section apply to contracts, subcontracts, and purchase orders, as described in Subsection A, entered into on or after September 6, 1991.  

D.  Notwithstanding any other provisions of law to the contrary, the provisions of this Section shall not apply to negotiated labor contracts.  

Acts 1991, No. 217, §1.  

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