The Surety’s Ability to Enforce Pay When Paid Provisions
In today’s contracting world, subcontracts typically contain “pay-if-paid” clauses. In general these clauses require that as a condition precedent to a subcontractor’s right to payment, the contractor must first be paid from the owner for the work the subcontractor performed on the project. Such clauses are regularly relied upon by contractors as a valid defense … Read more