December 15, 2010
Jordan Pavlus Was Recently Granted a Motion to Consolidate Two Pending Actions and Place Venue in the County Designated by the Subcontractor.
The motion sought to consolidate an action commenced in Ontario County with an action which was commenced approximately two weeks later in Tompkins County. The subcontractor commenced its action in Tompkins County because that was the location of the project and the venue required by the labor and material payment bond. The general contractor opposed the motion and sought to have venue place in Ontario County (where its principal place of business was located) on the basis that its action was commenced before the Tompkins County action. In a written decision, Judge M. John Sherman ruled that the actions would be consolidated and venue placed in Tompkins County because the subcontractor, as third party beneficiary, had the right to enforce the venue provision in the labor and material payment bond.