Oregon Revised Statutes

Or. Rev. Stat. § 701.640 (2026)

Prohibition against contrary provisions, covenants or clauses

✓ current as of May 2026

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701.640 Prohibition against contrary provisions, covenants or clauses. (1) A construction contract may not include any provision, covenant or clause that:

(a) Makes the construction contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the construction contract to be conducted in another state; or

(b) States that a party to the construction contract cannot suspend performance under the construction contract or terminate the construction contract if another party to the construction contract fails to make prompt payments under the construction contract pursuant to ORS 701.620 to 701.640.

(2) Any provision, covenant or clause described in subsection (1) of this section is void and unenforceable. [2003 c.675 §58; 2011 c.553 §5]

Note: See note under 701.620.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2016–2024 · leading case: Presidential Hosp., LLC v. Wyndham Hotel Grp., LLC, 333 F. Supp. 3d 1179 (D.N.M. 2018).

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Presidential Hosp., LLC v. Wyndham Hotel Grp., LLC, 333 F. Supp. 3d 1179 (D.N.M. 2018). “Law § 757 ; Or. Rev. Stat. § 701.640 (1). See generally 7 Philip L.”

United States of Am. for the use & benefit of Hamer Elec., Inc. v. Wu & Assocs., Inc. (D. Or. 2024). · cites it 15× “Plaintiff also points to a District of Oregon case in which a forum selection clause was deemed invalid based on ORS § 701.640. J. Lilly, LLC v. Clearspan Fabric Structures, Int'l, Inc.”

First Mercury Ins. v. Westchester Surplus Lines Ins., 152 F. Supp. 3d 1320 (D. Or. 2016). · cites it 2× “ORS § 701.640. “Construction contract” in the context of choice of law statute means a “construction agreement _ relating to .”

in Re MVP Terminalling, LLC (Tex. App. 2022). “15, § 15-821(B)(1); Or. Rev. Stat. § 701.640 ; Pa. Stat. Ann.”

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