Kansas Federal Court Refuses to Transfer Surety Case to Washington State Despite Forum Selection Clause in Subcontract

A subcontractor surety sued by a general contractor sought to move the case from Kansas state court to federal court and then transfer it to Washington state. However, the Kansas federal court refused to transfer the case, even though the underlying bonded subcontract called for litigation in Washington. The court noted that the forum selection clause in the subcontract did not apply to the surety, only disputes between the contractor and subcontractor. The court weighed various factors but ultimately found that the defendant had not sustained its burden of demonstrating that transferring the case would strongly favor a change of venue. Read More >>> Construction Litigation Roundup: “Apparently, We Are Still in Kansas” - Lexology