Good news for subcontractors and suppliers, or payment bond claimants on a public construction project. A new appellate case confirms your flexibility to sue a payment bond in your preferred venue irrespective of a venue provision in your subcontract.
For instance, if the venue provision in your contract states that suits shall be brought in Palm Beach County, you can still sue the public payment bond in a different county, such as Miami-Dade County.
However, if you elect to also sue the other party to the contract (e.g., general contractor), then the Court noted its ruling may be different such that you would be bound by the venue provision in the contract.
Knowing this, a payment bond claimant may elect not to include the other party to its contract (e.g., general contractor) in its public payment bond suit.
Please contact David Adelstein at firstname.lastname@example.org or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.