Understanding Forum Selection Clauses
For most professionals in the construction industry, a construction contract is the foundation for a stable environment in which the allocation of risk is fairly and properly decided. This is accomplished through certain provisions, such as forum selection provisions, which mandate how, when, and where contract related disputes are to be resolved. By outlining the specific terms that all parties must adhere to within the contract, contractors greater their chances of consistent and predictable outcomes in the event of a contact related dispute.
To ensure that your contract provisions are properly protecting you and your business, we highly recommend seeking the legal council of an experienced construction dispute lawyer in Tampa.
Choice of Venue Provisions
A choice of venue provision determines the venue for which any legal proceedings regarding contract disputes will be held. This type of provision will usually identify a particular state, county, city, or municipality where all legal proceedings must take place including arbitration and meditation. A choice of venue provision may also stipulate the type of court that the legal proceedings must be held in, and can be an extremely valuable asset to contractors in the event of a contract dispute. Contractors that hold local venue reap the benefit of having relatively less legal expenses in the event that a dispute cannot be settled outside of court because the courts, witnesses, evidence, and legal representation are all conveniently located nearby.
To establish enforcement of a choice of venue provision, Florida courts will generally look at whether the provision is mandatory or permissive. If the courts find the provision to be mandatory, the courts will almost always enforce the venue selection. If all parties unequivocally agreed to the selected venue, choice of venue provisions are considered prima facie valid, meaning the provision is enforceable absent proof by the opposing party that enforcement of such would be unreasonable or unjust. If the provision is found to be permissive, the courts may allow other venue selections if deemed necessary.
Experienced Legal Representation
Any person who is involved in construction contracting should have a thorough understanding of choice of venue provisions and how it will impact their position during a contract dispute. If you are a contractor that is involved in a contract related dispute, the Tampa construction dispute lawyers at Trent Cotney, P.A. Construction Law Group are here to help your case. With over 30 years of combined experience, we are intimately familiar with the construction litigation process and can increase your chances of a favorable outcome.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.