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Sub Fights For Its Right To Removal, But Contract Waiver Clause Is Hard And Fast

Saturday, October 04, 2008 03:55 pm

Sub Fights For Its Right To Removal, But Contract Waiver Clause Is Hard And Fast

Forum selection clauses are generally enforceable, and narrowly, unless enforcement would be unreasonable. Thus, a subcontractor who misinterpreted a right-ofremoval waiver clause made a futile attempt to remove its claims to a federal court.

Odyssey Contracting Corp. (Odyssey) signed a subcontract with contractor L&L Painting Co., Inc. (L&L) to perform work on a City of New York bridge project. Subsequently, L&L, a New York corporation, brought action against Odyssey, a Pennsylvania corporation, in the New York State Supreme Court for breaching the subcontract by terminating and abandoning its work. Odyssey filed a counter suit against L&L for contract breach in connection with a fire that damaged the project and alleged misrepresentations of plans and designs for an outer roadway.

L&L challenged Odyssey's attempt to remove [...]

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