covenant, clauses or understandings. A. 1. This act shall not apply to: a. highway construction, b. railroad construction, or c. turnpike construction. 2. Except as the following may be a portion of a construction contract as defined in Section 2 of this act, this act shall not apply to: a. roads, b. bridges, c. utilities, d. traffic control, e. drainage construction, f. sanitary sewer construction, or g. waterline construction. 3. This act shall not apply to any contract relating to a single-, two-, three-, or four-family dwelling. B. The following are against the public policy of this state and are void and unenforceable: 1. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state; and 2. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that disallows or alters the rights of any prime contractor, subcontractor, sub- subcontractor, or material supplier to receive and enforce any and all rights under this act. Added by Laws 2004, c. 256, § 7, eff. Nov. 1, 2004. Amended by Laws 2005, c. 92, § 5, eff. Nov. 1, 2005. Renumbered from Title 15, § 627 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
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