Venue
Inconsistent Forum Selection Language Affected Enforcement
April 28th, 2020
Courts typically enforce forum-selection clauses unless there is a public policy reason not to do so. A New Jersey appellate court has refused to enforce a forum selection clause when the contract terms were ambiguous. The Pike Company contracted wit…
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Categories: Construction
Manufacturer Can Pursue Local Lawsuit for Out-of-State Project
August 16th, 2019
Venue clauses requiring lawsuits to be brought in a particular locale are common, and routinely enforced. From a federal court in Western Pennsylvania, though, comes a reminder that analysis of venue (when not governed by a contract clause) can favor…
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Categories: Construction
The Contract Isn’t Signed, a Few Issues Remain, the Work is Done; Now What?
April 25th, 2016
Lawyers hate this question. A contractor and subcontractor, having gone back and forth on a few contract terms while the sub is performing work, reach the end of the project – or at least the end of the sub’s work – without an agreed contract f…
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Arbitration Venue: Where the Parties Agreed, Despite State Law
May 12th, 2015
The contract calls for arbitration in Indiana, applying the laws of Nebraska. But Nebraska has a law prohibiting parties from being compelled to arbitrate outside that state for an in-state project. In a GC/sub dust-up including lawsuits in both stat…
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About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.