Price & Price Mechanical of N.C., Inc. v. Miken Corp.

HUNTER, Judge.

This cause of action arose after Price and Price Mechanical of N.C., Inc. (“plaintiff’) and The Miken Corporation (“defendant”) entered into a contract for the improvement of real property in the state of North Carolina. The contract contained choice of law and forum selection clauses. Plaintiff sued defendant alleging breach of contract. Plaintiff appeals from an order dismissing its complaint for improper venue pursuant to Rule (12)(b)(3) of the North Carolina Rules of Civil Procedure. After careful consideration, we reverse.

Plaintiff is a mechanical subcontractor with an…