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Rocky Mountain Builders Supply v. Marks 2017 UT App 41, (Mar. 3, 2017)

Mar 3, 2017

A Utah resident agreed to construct two gazebos and a shed on defendant’s property in Montana.  The court of appeals rejected the defendant’s claim that the Utah forum selection clause in the contract was unenforceable.  The court held that, although one of the parties was a business entity and the other an individual, there was no reason to conclude that the forum selection clause was unreasonable or unfair; and that Utah’s exercise of jurisdiction over the subject matter only requires a rational nexus to the case or parties.