436.365. Law not to restrict or inhibit other remedies or ability to contract. - Missouri Statutes

Law not to restrict or inhibit other remedies or ability to contract.

436.365. 1. Nothing in sections 436.350 to 436.365 shall beconstrued to create a theory or cause of action upon which liability may bebased or to limit any causes of action or remedies otherwise available to ahomeowner or contractor pursuant to law after giving effect to theprovisions of sections 436.350 to 436.365, nor to hinder or otherwiseaffect the employment, agency, or contractual relationship betweenhomeowners and contractors during the process of construction orremodeling, and does not preclude the termination of those relationships asallowed under current law. Nothing in sections 436.350 to 436.365 shallnegate or otherwise restrict a contractor's right to access or inspectionprovided by law, covenant, easement, or contract.

2. Nothing in sections 436.350 to 436.365 shall be construed toprevent contracts between contractors and homeowners from specifying thatdisputes shall be resolved by binding arbitration pursuant to chapter 435,RSMo. In contracts between contractors and homeowners that specify bindingarbitration as the means of dispute resolution, sections 436.350 to 436.365shall not be applicable; provided, in those contracts between contractorsand homeowners that specify binding arbitration as the means of disputeresolution, the contractor shall provide notice, pursuant to section435.460, RSMo, that disputes may be resolved by binding arbitration andsections 436.350 to 436.365 are not applicable to such transactions.

3. The provisions of sections 436.350 to 436.365 shall not apply toan action brought by an insurer, subrogated to the rights of a claimant, ifpayment was made by the insurer pursuant to a claim under an insurancepolicy.

(L. 2005 S.B. 168 § 431.315)