HB 170

ENROLLED
 2026 Regular Session
  ACT No. 132
 HOUSE BILL NO. 170
 BY REPRESENTATIVE RISER AND SENATOR CATHEY
1AN ACT
2 To amend and reenact R.S. 9:2779, relative to construction contracts; to provide for
3definitions; to provide for technical changes; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5Section 1. R.S. 9:2779 is hereby amended and reenacted to read as follows:
6§2779. Construction contracts, subcontracts, and purchase orders; certain provisions
7invalid
8A.(1) For purposes of this Chapter, "construction contract" means any
9agreement for the design, construction, alteration, renovation, repair, or maintenance
10of a building, structure, highway, road, bridge, water line, sewer line, oil line, gas
11line, appurtenance, or other improvement to real property, or repair or maintenance
12of a highway, road, or bridge, including any moving, demolition, or excavation.
13(2) "Construction contract" does not include any design, construction,
14alteration, renovation, repair, or maintenance of the following:
15(a) Any dirt or gravel road used to access oil and gas wells and associated
16facilities.
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1(b) Oil flow lines or gas gathering lines used in association with the
2transportation of production from oil and gas wells from the point that oil and gas
3becomes comingled for transportation to oil storage facilities or gas transmission
4lines.
5(c) Any deed, lease, easement, license, or other instrument granting an
6interest in or the right to possess property even if the instrument includes the right
7to design, construct, alter, renovate, repair, or maintain improvements on such real
8property.
9(d) Upstream, midstream, or downstream oil, gas, chemical, petrochemical,
10or fuel manufacturing facilities or infrastructure, including refineries, processing
11plants, terminals, or associated appurtenant structures and facilities.
12A. B. The legislature finds that, with respect to construction contracts,
13subcontracts, and purchase orders for public and private works projects, when one
14of the parties is domiciled in Louisiana, and the work to be done and the equipment
15and materials to be supplied involve construction projects in this state, provisions in
16any provision in such agreements requiring disputes arising thereunder to be resolved
17in a forum outside of this state or requiring their interpretation to be governed by the
18laws of another jurisdiction are inequitable and against the public policy of this state.
19B. C. The legislature hereby declares null, and void, and unenforceable as
20against public policy any provision in a contract, subcontract, or purchase order, as
21described in Subsection A B of this Section, which either:
22(1) Requires a suit or arbitration proceeding to be brought in a forum or
23jurisdiction outside of this state; rather, such actions or proceedings may be pursued
24in accordance with the Louisiana Code of Civil Procedure or other laws of this state
25governing similar actions.
26(2) Requires interpretation of the agreement according to the laws of another
27jurisdiction.
28C. D. The provisions of this Section apply to contracts, subcontracts, and
29purchase orders, as described in Subsection A, B of this Section entered into on or
30after September 6, 1991.
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1D. E. Notwithstanding any other provisions of law to the contrary, the
2provisions of this Section shall do not apply to negotiated labor contracts.
3Section 2. The provisions of this Act apply to contracts, subcontracts, and purchase
4 orders entered into on or after September 6, 1991.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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