Vita Planning, a California design firm, was hired as a subcontractor on a hotel project. The main architect (HKS) tried to enforce a forum selection clause requiring disputes to be litigated in Texas. California's Court of Appeal ruled that state law prohibits enforcing such clauses against California subcontractors, even design professionals. The court reversed the dismissal and allowed Vita to sue in California.
California law (Section 410.42) protects all subcontractors—including design professionals—from being forced to litigate outside California, regardless of what the contract says.
Forum selection clauses that flow down from prime contracts to subcontractors are unenforceable in California construction disputes; don't accept them or assume they're binding.
If a general contractor or architect tries to enforce an out-of-state forum clause against you, challenge it immediately—California courts will side with you.