Love’s Window & Door Installation, Inc. v. Acousti Engineering Company, 147 So. 3d 1064 (Fla. 5th DCA 2014)

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This action arose out of a complex construction defect action filed in Osceola County.  A subcontractor brought a fourth-party action against a sub-subcontractor who argued their written agreement provided for venue in another locale.  The trial court refused to transfer venue and the District Court agreed.  It appears that an agreed forum selection clause may be trumped by “compelling reasons” which include avoiding multiple lawsuits, minimizing judicial labor, reducing expenses to the parties, and avoiding inconsistent results.


From the Construction Regulation Subcommittee Monthly Report

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606
www.trentcotney.com

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