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Idaho Senate passes bill barring out-of-state law and forum requirements for in-state construction projects
Summary
The Senate approved Senate Bill 1006 on Jan. 24, 2025, 32-0 with three senators absent. The bill specifies that Idaho law and Idaho courts govern private construction projects in Idaho and prevents clauses that would force Idaho contractors to litigate under another state’s law or in another state’s courts.
BOISE, Idaho — The Idaho Senate on Jan. 24, 2025, approved Senate Bill 1006, a measure clarifying that private construction projects located in Idaho are governed by Idaho law and Idaho jurisdiction. The measure passed with 32 senators voting in favor and three senators recorded absent; a quorum was present.
Senator Lakey, the chamber member who introduced and spoke on the bill, said the measure is intended to keep disputes over Idaho construction projects in Idaho courts and make Idaho law the governing law for those projects. "This is a bill that deals with construction," Lakey said. "The bill is very straightforward. It states basically that private construction projects being built in Idaho are subject to Idaho law, and Idaho jurisdiction applies."
The sponsor told colleagues he worked with the Idaho Association of General Contractors on the legislation. He said the bill responds to instances in which out-of-state entities sought to require Idaho contractors to be subject to another state's law or to litigate or arbitrate disputes in another state. "There are some out of state entities that are requiring or seeking to require that Idaho contractors on Idaho projects be subject to the laws of another state...and that they litigate or they arbitrate in that state of New York," Lakey said. "This makes it clear for both sides on an Idaho project: Idaho law applies...and Idaho jurisdiction governs and controls."
Debate on the bill was brief; the Senate dispensed with further reading by unanimous consent, and the chamber voted on final passage the same day. The secretary announced the result: "The vote count shows 32 senators in favor with 3 absent. A majority having voted in the affirmative, Senate Bill 1006 has passed the Senate." The bill's title was approved without correction and the measure will be transmitted to the Idaho House of Representatives.
No amendments or alternate motions were recorded during the floor consideration. The record shows the Senate handled the measure on third reading and moved it forward to the other chamber for consideration.
