Forum selection clauses—like arbitration agreements—have appeared in commercial construction contracts for decades. Yet, when arbitration is not mandatory and litigation arises, owners and general contractors alike often find themselves first battling downstream contractors over whether the forum selection clause at issue is enforceable, and consequently, where and by whom the dispute will be decided. And let’s face it: this initial battle for a subcontractor—even if a long shot—may be well worth the resources to potentially have its disputes decided on its home turf by a familiar jury rather than a federal court in a foreign state. Whichever role your company plays in the project, this article outlines a few issues that may affect the enforceability of your contract’s forum selection clause. Continue reading >