Commercial contracts allow you to include a variety of clauses, including one that dictates where disputes will be litigated. Even if you agreed to this kind of forum selection clause, you may still desire to litigate your case somewhere other than the forum required in your contract. If that’s you, it is important to recognize that you potentially may be able to get this done. Successfully doing this requires many things, and those things often include representation from a skilled Atlanta commercial contracts lawyer.
One way you can succeed in litigating outside the forum required by your contract is if the other side waives its right to demand enforcement of the forum selection clause.
So, what does this kind of waiver look like? A recent breach of contract case in federal court makes a good illustration. The dispute pitted a generator manufacturer and distributor against the Pennsylvania software developer and the California software installer it retained to create and install new software that the manufacturer needed.