Generally the terms of a construction contract are always upheld in court, as the parties both agreed to such terms. However, in Love’s Window & Door Installation, Inc. v. Acousti Engineering Co., Florida’s Fifth District Court of Appeal ruled on not enforcing a contract’s venue selection clause. In the multi-party suit, which commenced in Osceola County, an association filed a claim against the general contractor for a construction defect of a condominium. The general contractor, in turn, filed a claim against a corporation for improper installation who subsequently filed a claim against the subcontractor. The subcontractor moved to transfer venue to Volusia County pursuant to the contract it held with the corporation. Fifth District Court of Appeal ruled against the transfer of the case and the enforcement of the venue clause because of the multiple lawsuits, judicial labor, costs, and inconsistent results. Thus, a contract’s terms may not always be enforced by the Court.

Ray Garcia, Esq.

Board Certified in Real Estate

by the Florida Bar