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Illinois Compiled Statutes

815 ILCS 665/10 (2026)

Application of laws of another state

✓ current as of May 2026
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(815 ILCS 665/10)
    Sec. 10. Application of laws of another state. A provision contained in or executed in connection with a building and construction contract to be performed in Illinois that makes the contract subject to the laws of another state or that requires any litigation, arbitration, or dispute resolution to take place in another state is against public policy. Such a provision is void and unenforceable.
(Source: P.A. 92-657, eff. 7-16-02.)

    
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2004–2025 · leading case: Foster Wheeler Energy Corp. v. LSP Equip., LLC., 805 N.E.2d 688 (Ill. App. Ct. 2004).
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Foster Wheeler Energy Corp. v. LSP Equip., LLC., 805 N.E.2d 688 (Ill. App. Ct. 2004). · cites it 3× “Dick argued that section 10 of the Building and Construction Contract Act (Act) (815 ILCS 665/10 (West 2002)), although enacted in July 2002 after the parties entered into the construction contracts, invalidated any Illinois construction contract provision that purported to…”
Dancor Constr., Inc. v. FXR Constr., Inc., 2016 IL App (2d) 150839 (Ill. App. Ct. 2016). · cites it 2× “They cite section 10 of the Building and Construction Contract Act (Building Act) (815 ILCS 665/10 (West 2014)), which provides: “A provision contained in or executed in connection with a building and construction contract to be performed in Illinois that makes the contract…”
R.A. Bright Constr., Inc. v. Weis Builders, Inc., 930 N.E.2d 565 (Ill. App. Ct. 2010). · cites it 2× “" Like the Louisiana legislature, our legislature has declared that any "provision contained in or executed in connection with a building and construction contract to be performed in Illinois that makes the contract subject to the laws of another state or that requires any…”
Dancor Constr., Inc. v. FXR Constr., Inc., 2016 IL App (2d) 150839 (Ill. App. Ct. 2016). · cites it 2× “They cite section 10 of the Building and Construction Contract Act (Building Act) (815 ILCS 665/10 (West 2014)), which provides: “A provision contained in or executed in connection with a building and construction contract to be performed in Illinois that makes the contract…”
Foster Wheeler Energy Corp. v. LSP Equip., LLC (Ill. App. Ct. 2004). · cites it 3× “Dick argued that section 10 of the Building and Construction Contract Act (Act) (815 ILCS 665/10 (West 2002)), although enacted in July 2002 after the parties entered into the construction contracts, invalidated any Illinois construction contract provision that purported to…”
Evoqua Water Tech. LLC v. AFAM Concept Inc (N.D. Ill. 2022). “” 815 ILCS 665/10; see also McCoy, 2012 WL 245162 , at *4 (“[A]s long as the Illinois Construction Act applies to the MSA, the forum selection and choice-of-law clauses are invalid and unenforceable.”
Proj. Is 43:19, LLC Vanderburgh House, LLC, 2025 IL App (4th) 241194 (Ill. App. Ct. 2025). “For example, section 10 of the - 15 - Building and Construction Contract Act (815 ILCS 665/10 (West 2024)) provides as follows: “A provision contained in or executed in connection with a building and construction contract to be performed in Illinois that makes the contract…”
R.A. Bright Constr. v. Weis Builders (Ill. App. Ct. 2010). “" 815 ILCS 665/10 (West 2008). This declaration by the legislature is not applicable to all contracts generally, but only to contracts involving building 14 and construction.”
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