Garret Murai | California Construction Law Blog | October 26, 2015 It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation. But as the next case illustrates, when it comes to disputes between contractors (and design professionals), it isn’t always… Continue reading Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
Tag: Forum Selection
Did you know? Recent Changes in the Law that may Impact your Construction Projects in the Southeast.
Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Laurence (Trip) W. DeMuth, III – February 26, 2014 Construction disputes should be determined by the facts. It’s a fair and simple concept – the facts will establish the truth and establishing the truth will lead to a just result. But establishing the facts can be difficult. First and foremost, witnesses are needed. And there… Continue reading Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances
David Zaslowsky and Grant Hanessian – January 28, 2014 Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013) [click for opinion] Atlantic Marine Construction entered into an agreement with J-Crew Management for a construction project in Texas. The agreement included a forum-selection clause which… Continue reading Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances