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Code · South Dakota · Title 5 · Chapter 5-18

5-18A-43. Terms prohibited in construction contracts.

144 words·~1 min read·/sd/title-5/chapter-5-18/5-18a-43

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subject to the provisions of § 5-18A-45 , no governmental unit awarding a contract after July 1, 2014, for the construction, repair, remodel, or demolition of a facility and no construction manager acting on behalf of the governmental unit may include any of the following in a bid specification, project agreement, or other controlling document:
(1)A term that requires or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to that project or a related construction project; or
(2)A term that otherwise discriminates against a bidder, offeror, contractor, or subcontractor for becoming, remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to that project or a related construction project.
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