Attorney: "Pay-if-paid" clause in contract can be bond-claim defense

06/26/2013 | Lexology.com (free registration)

A federal appeals court recently rejected a subcontractor's argument that a "pay-if-paid" clause was invalid and therefore payment by another subcontractor's bonding company was required. The court found that the surety had no obligation to pay the plaintiff because of the clause and the scope of the bond.

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