Seventh Circuit examines "pay-if-paid" provision
Construction Lawyer
JULY 20, 2012
You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Fidelity had issued a payment bond, but Fidelity refused to pay after the owner declared bankruptcy, and BMD sued Fidelity. The question became whether the general or the subcontractor would bear the risk of loss.
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