David Adelstein | Florida Construction Legal Updates Mandatory forum (venue) selection provisions are generally construed in favor of enforceability. Parties agreed to the forum for disputes so why not enforce them, right? A recent federal district court case out of the Eastern District of Louisiana exemplifies an exception grounded in judicial economy which disfavors the enforceability of mandatory… Continue reading Judicial Economy Disfavors Enforcement of Mandatory Forum Selection Clause
Tag: Forum Selection Clause
Construction Litigation Roundup: “Can’t Cut the Cord”
Daniel Lund III | Phelps Dunbar Can’t cut the cord. A subcontractor on a Louisiana VA hospital project filed a claim in federal court in Shreveport against the general contractor and its Miller Act surety. The general contractor sought to have the matter moved to the Middle District of Florida pursuant to a venue clause… Continue reading Construction Litigation Roundup: “Can’t Cut the Cord”
Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?
William L. Doerler | The Subrogation Strategist Many courts enforce forum selection clauses in contracts between parties. In W. Bay Plaza Condo. Ass’n v. Sika Corp., No. 3D21-1834, 2022 Fla. App. LEXIS 1637 (W. Bay Plaza), the Court of Appeal of Florida, Third District (Court of Appeal) answered the question of whether a mandatory forum selection… Continue reading Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?
No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause
Brian C. Padove | ConsensusDocs One of the foundational tenets of contract law is that a party may only be bound by terms they agree to, or in other words, if the party did not sign a contract, that party cannot be bound by the terms thereof. While this principle is generally unwavering, there are… Continue reading No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause
When is Forum Selection in a Construction Contract Enforceable?
Christopher G. Hill | Construction Law Musings If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to… Continue reading When is Forum Selection in a Construction Contract Enforceable?