Category Archives: Forum-selection clause

Use of the Word “in” Indicates Geography; Use of the Word “of” Indicates Sovereignty: Federal District Court in Maryland Holds That Venue Is Proper in Federal Court in Maryland Where Forum Selection Clause Requires Action to be Brought “In the District or County” Where the Prime Contractor Is Located

Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland Transit Authority in … Continue reading

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Federal Court in California Rules That the Federal Arbitration Act Preempts California Statute That Requires Arbitrations Relating to California Construction Projects Take Place in California

Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor, Bell Products, Inc. (“Bell”), on a design-build … Continue reading

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District Court in Pennsylvania Concludes that CASPA Prompt Payment Act Does Not Override Unambiguous Forum Selection Clause

KNL Construction, Inc. v. Killian Construction Co., Inc., 2014 U.S. Dist. LEXIS 58269 (M.D. Pa. Apr. 28, 2014) This action arose out of the construction of the Mohegan Sun Hotel in Luzerene County, Pennsylvania.  General contractor Killian Construction Co., Inc. … Continue reading

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U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable

Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013)   This action arose out of a forum-selection clause in a contract for a federal construction project. The U.S. Corps of Engineers contracted with Atlantic … Continue reading

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Seventh Circuit Rules That Forum Selection Clause in Construction Contract Is Enforceable Under Illinois Law

Roberts & Schaefer Co. v. Merit Contracting, Inc., 99 F.3d 248, 1996 U.S. App. LEXIS 28280 (U.S. Ct. of Appeals, 7th Cir.) Contract between the parties contained an enforceable forum selection clause, even though the actual written agreement was signed … Continue reading

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