MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Bell (21st)
AN ACT TO CREATE NEW SECTION 11-11-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONSTRUCTION DISPUTE RESOLUTION AGREEMENTS THAT REQUIRE RESOLUTION OUTSIDE THE STATE SHALL BE VOID; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 11-11-21, Mississippi Code of 1972:
11-11-21. (1) Any written or oral contract, provision or agreement between or among individuals, persons or entities that: (a) Relates to the design, construction, alteration, repair, demolition or maintenance of any building, structure, highway, appurtenance, appliance, or other improvement to real property that is located within the boundaries of the State of Mississippi,
(b) Requires any dispute resolution regarding any items listed in paragraph (a) of this section to be held outside of the territorial boundaries of the State of Mississippi and shall be invalid, null, void, unenforceable and repugnant to the public policy of the State of Mississippi.
(2) The provisions of subsection (1) shall be mandatory, and shall not be waived or altered by oral or written agreement.
(3) The provisions of this section shall become effective for all contracts, as described in this section, entered on or after the effective date of this act.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.