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Objective Manifestations Of Assent Render A Forum Selection Clause Binding

Wednesday, July 04, 2007 12:26 pm

Objective Manifestations Of Assent Render A Forum Selection Clause Binding

A federal district judge enforced a forum selection clause and granted a motion to transfer venue, while denying a motion to dismiss for improper venue.

Concrete Industries, Inc. (Concrete) sued a general contractor, Dobson Brothers Construction Company (Dobson) and its surety holder under a payment bond, Western Surety Company (Western), for breach of contract. Dobson, which is incorporated in Nebraska but active throughout the Midwest, was the general contractor for the construction of an airport taxiway. In that capacity, Dobson solicited bids from various sub-contractors and suppliers. Concrete submitted a bid, communicating directly with Dobson's corporate offices in Nebraska.

Dobson eventually sent Concrete a purchase order for the project, which included a number of terms and conditions including: "This purchase Order and any claims or matters hereunder shall be governed by the laws of the State of Nebraska and any acti [...]

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