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If there is a contract dispute, where is it mediated?

South CarolinaConstruction Contract

Reviewing a potential contract and the General Contractor wants the sole right to select the venue. In case of a dispute, would the jurisdiction be the General Contractor's location (Maryland), the jobsite we are working on (North Carolina) or our location (South Carolina). We are a subcontractor.

3 replies

Nov 3, 2021

The answer to your question depends on the specific wording of the contract but note that North Carolina has an anti-venue shifting statute North Carolina. 

A provision in any construction contract is void and against public policy if it makes the contract, subcontract, or purchase order subject to the laws of another state, or provides that the exclusive forum for any litigation, arbitration, or other dispute resolution process is located in another state. N.C. GEN. STAT. § 22B-2

 South Carolina's venue statue may allow suit to be brought in South Carolina (even with such language) but doesn't invalidate the kind of provision you are mentioning. ( S.C. CODE ANN. § 15-7-120 (2012).

It does not appear that Maryland has any restrictions on forum selection. I would think the most reasonable solution is to make the project location (in this case North Carolina) the proper venue (and choice of law).


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Nov 3, 2021
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