#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts
NH Construction Law
DECEMBER 19, 2020
It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. 2d 680 (2005), construing West Virginia law, held that it was.
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