This article posted on our partner site Mondaq.com discusses forum-selection and choice-of-law clauses in construction contracts. The author notes that despite recent US Supreme Court decisions that seem to indicate that the clauses are enforceable, the terms in construction contracts can be governed by another regime if there are significant public policy interests that require it (e.g. the construction project is situated on a federal enclave, the parties agreed to arbitrate such disputes).

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