California Code of Civil Procedure 410.42 – (a) The following provisions of a contract between the …
(a) The following provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a public or private work of improvement in this state, shall be void and unenforceable:
(1) A provision which purports to require any dispute between the parties to be litigated, arbitrated, or otherwise determined outside this state.
Terms Used In California Code of Civil Procedure 410.42
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(2) A provision which purports to preclude a party from commencing such a proceeding or obtaining a judgment or other resolution in this state or the courts of this state.
(b) For purposes of this section, “construction” means any work or services performed on, or materials provided for, a work of improvement, as defined in § 8050 of the Civil Code, and for which a lien may be claimed pursuant to § 8400 of the Civil Code (whether or not a lien is in fact claimed) or for which such a lien could be claimed but for § 8160 of the Civil Code.
(Amended by Stats. 2010, Ch. 697, Sec. 22. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)