United States ex rel. B & D Mechanical Contractors, Inc. v. St. Paul Mercury Insurance

BRORBY, Circuit Judge.

This case addresses whether a valid forum selection clause can override the venue provisions of the Miller Act, 40 U.S.C. § 270b(b). We hold that it does but find the forum selection clause at issue in this case invalid. The district court’s order dismissing the case for lack of venue is reversed.

I

North American Construction Corporation (hereinafter “North American”) contracted with the United States to install part of a ground water treatment system at Tinker Air Force Base in Midwest City, Oklahoma. St. Paul Mercury Insurance Company (hereinafter “St. Paul”) provided…