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DE HB109

Bill

Status

Passed

6/25/2012

Primary Sponsor

Gregory Lavelle

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Amends Delaware Code Title 6, Section 3507(e) to declare void and unenforceable contingent payment clauses in construction contracts and subcontract agreements.

  • Prohibits provisions that make a contractor assume the risk of owner nonpayment or require contractors to waive statutory rights to litigation or arbitration until payment is received.

  • Voids provisions that make bond obligations contingent on owner payment or require contractors to rely on owner credit rather than the general contractor's or bonding company's credit.

  • Prohibits contract provisions requiring construction disputes to be governed by laws of states other than Delaware or requiring dispute resolution proceedings to occur outside Delaware.

Legislative Description

An Act To Amend Title 6 Relating To Building Construction And Payment.

Last Action

Signed by Governor

6/25/2012

Committee Referrals

Executive6/23/2011
Economic Development/Banking/Insurance/Commerce5/10/2011

Full Bill Text

No bill text available