Article Date: 10/23/2015


Design Sub Protected Against Out-Of-State Claim Litigation


A clause in a design professional’s subcontract called for out-of-state choice of law and claim litigation. That clause was void and unenforceable under the California Code of Civil Procedure. The sub was not required to litigate in Texas, where a pay-if-paid clause would be enforceable, but could sue for payment in California where such a clause is unenforceable.

 

The Construction Claims Advisor summary of this case is available to ConstructionPro Network members and includes:

  •  The citation for the case (case name, case number, and date filed)
  •  An overview of the case
  •  Background information about the case
  •  A summary of the ruling
  •  A summary of the court’s conclusion and the resulting outcome
  •  Editor's commentary
  •  A link to the complete PDF copy of the original opinion

 



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