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”
Tag: Venue Selection
Construction Litigation Roundup: “Apparently, We Are Still in Kansas”
Daniel Lund III | Phelps Dunbar Apparently, we are still in Kansas. A subcontractor surety sued in Kansas state court by a general contractor and seeking to “get out of Dodge” removed the state case to federal court and then asked the federal court to transfer the matter to Washington state. In fact, the roughly… Continue reading Construction Litigation Roundup: “Apparently, We Are Still in Kansas”
Suing a Payment Bond Surety in Different Venue than Set Forth in the Subcontract
David Adelstein | Florida Constrution Legal Updates The venue to file a lawsuit can be an important issue for a variety of reasons, whether for convenience or the prospect of a more favorable outcome. Oftentimes, there is a venue provision in a contract that provides where the exclusive venue for any dispute arising out of the contract must be… Continue reading Suing a Payment Bond Surety in Different Venue than Set Forth in the Subcontract
Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You
William R. Wildman, Jesse W. Lincoln and Matthew J. Bowness | Eversheds Sutherland | November 30, 2017 Out-of-state contractors and design professionals working on projects in Georgia should consider including venue selection clauses in their contracts. Under O.C.G.A. § 14-2-510(b)(4), venue for tort actions lies “in the county where the cause of action originated,” i.e.,… Continue reading Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You