(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; (c) subcontractor; (d) sub-subcontractor; (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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