Section 757. Void provisions  


Latest version.
  • The  following  provisions of construction
      contracts shall be void and unenforceable:
        1. A provision, covenant, clause or understanding in, collateral to or
      affecting a construction contract, with the exception of a contract with
      a material supplier, that makes the contract  subject  to  the  laws  of
      another  state  or  that  requires  any litigation, arbitration or other
      dispute resolution proceeding arising from the contract to be  conducted
      in another state.
        2. A provision, covenant, clause or understanding in, collateral to or
      affecting  a  construction contract stating that a party to the contract
      cannot suspend performance under the contract if another  party  to  the
      contract fails to make prompt payments under the contract.
        3. A provision, covenant, clause or understanding in, collateral to or
      affecting  a construction contract stating that expedited arbitration as
      expressly provided for and in the manner established  by  section  seven
      hundred  fifty-six-b  of  this  article  is  unavailable  to one or both
      parties.
        4. A provision, covenant, clause or understanding in collateral to  or
      affecting  a construction contract establishing payment provisions which
      differ from those established in  subdivision  three  of  section  seven
      hundred fifty-six-a and section seven hundred fifty-six-b as applicable.