Author Archives: Sarah Rodriguez

Forum Selection Clauses – Mandatory v. Permissive

With forum selection clauses, “shall” doesn’t always mean “shall.” If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive. CONTINUE READING...

Who’s Bound by a Forum Selection Clause? Contractors, Subcontractors, and Sureties?

Could a party end up litigating related claims in two separate forums if not all parties are bound by a forum-selection clause? To ensure efficiency and avoid inconsistent verdicts, all intertwined claims should be litigated together in the same forum, writes Sarah D. Rodriguez. CONTINUE READING...

Forum Selection Clause v. Miller Act Venue Provision: Where to Litigate?

On federal construction projects, the parties may contract where they would like to litigate potential disputes, but care should be given as to what venue is selected based on various factors. CONTINUE READING...