California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 5 — Jurisdiction and Service of Process, Chapter 1 — Jurisdiction and Forum, Article 2 — Forum, Section 410.42

(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.

(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 Section 8050 of the Civil Code, and for which a lien may be claimed pursuant to Section 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 Section 8160 of the Civil Code.

Notes

Prohibits provisions in qualifying California construction contracts between contractors and subcontractors with principal offices in the state that require disputes to be resolved outside California or prevent proceedings or judgments here. Defines construction as qualifying work, services, or materials for a work of improvement for which a mechanics lien may or could be claimed.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 410.42 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-5/chapter-1/article-2/section-410-42

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