Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mid-American Glazing Systems, Inc. v. Cladding Corp.

Court of Appeals of Iowa

July 24, 2019

MID-AMERICAN GLAZING SYSTEMS, INC., Plaintiff-Appellant,
v.
CLADDING CORPORATION, Defendant-Appellee.

          Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.

         Plaintiff appeals the district court's dismissal of a breach-of-contract claim.

          Roger A. Huddle of Weaver & Huddle Law Office, Wapello, for appellant.

          Abhay M. Nadipuram, Ryan L. Haaland, and Daniela Talmadge of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellee.

          Considered by Vaitheswaran, P.J., and Tabor and Greer, JJ.

          GREER, JUDGE.

         The district court dismissed an Iowa corporation's breach-of-contract claim because a forum selection clause in the contract designated the state or federal court in Virginia as the proper forum. On appeal, the corporation challenges the clause's enforceability. We determine the clause is enforceable and affirm the dismissal of the breach-of-contract claim.

         I. Background Facts and Proceedings.

         In May 2016, Mid-American Glazing Systems, Inc. (Mid-American), an Iowa corporation, was part of a construction project in Story County, Iowa. MidAmerican purchased building materials for the project by placing a supply order with Cladding Corporation, a Virginia corporation with an office in California. Although Cladding claims its principal place of business is Virginia, it only listed its California address on the supply order.

         Attached to the supply order were a number of additional documents, including terms and conditions. One of the attachments, titled "Additional Terms," stated that the "[p]roposal includes attached Cladding Corps Standard Terms and Conditions" and that Mid-American's "placement of an offer is an acceptance of these conditions." Cladding attached its standard terms and conditions as Appendix C of the supply order. One of the terms and conditions stated,

13. Choice of Forum and Governing Law: The Parties agree that any and all lawsuits arising out of or related to this Agreement, or the goods and services to be provided hereunder, shall be governed and construed with the laws of the Commonwealth of Virginia (but not including the choice of law rules thereof), and shall be brought in the General District or Circuit Court of Fairfax County, Virginia, or the Federal Court for the Eastern District of Virginia at Alexandria, as appropriate. The Parties waive any objection they may have that any such action or proceeding has been brought in an inconvenient forum. A final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

         Cladding delivered the building materials according to the supply order, but Mid-American alleged some of the materials were defective. Nevertheless, MidAmerican paid for the materials. Mid-American claims it incurred over $40, 000 in additional labor and expenses to replace the defective materials. The parties dispute who is responsible for these replacement costs.

         In August 2018, Mid-American sued Cladding for breach of contract in the Iowa District Court for Story County to recover the replacement costs. Cladding filed a pre-answer motion to dismiss based on the forum selection clause in the supply order. Mid-American resisted, arguing the clause was unenforceable. After a hearing, the district court concluded the clause was enforceable and granted Cladding's motion to dismiss. Mid-American appealed.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.