Most clear and well written construction contracts include provisions regulating venues for litigation or disputes emerging out of the contract. These provisions are called venue selection clauses. As your construction lawyers in Orlando, we know that the venue selection clause can be a little confusing, so we’ve compiled a brief overview of what you should be aware of.
Mandatory Or Permissive Venues
There are two types of venue selection clauses in construction contracts. When a court in Florida is evaluating a venue selection clause, it will look at whether or not the venue option is mandatory or permissive.
Mandatory Venue Selection
Mandatory venue provisions necessitate that the parties directly state that a particular forum is the sole venue for litigation with regard to the agreement. We highly recommend that you consult with your construction lawyer in Orlando to assist you with thoroughly drafting a mandatory venue clause. This type of clause will remove the possibility of any surprise litigation locations.
Permissive Venue Selection
Permissive Venue Selection is the more flexible option of the two. Permissive clauses state that the parties must yield to a certain jurisdiction, but do not disbar venue in another forum.
In mandatory venue selection, the court steps in to impose the venue selection by the parties, but if the venue selection is permissive, the court is obligated to find a different venue better suited than one chosen by the parties. If parties decided to go the mandatory venue selection route, there will be no surprises and they will mutually decide on a venue location. If the party decides to go with a permissive clause, the court will take into consideration convenience and expense when choosing a venue.
Every Orlando construction lawyer employed at Cotney Construction Law has experience working in the construction industry before becoming an attorney. Each lawyer at this firm has experience with drafting contracts and with that, drafting up venue selection clauses for clients.
To speak with one of our Orlando construction lawyers, or for more information on our construction law services, please contact our office at 407.378.6575 or submit our contact request form to request a consultation.
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.