Article Date: 02/28/2014


'Pay-When-Paid' Clause No Defense to Miller Act Claim


A “pay-when-paid” clause in a subcontract cannot be used as a defense to a Miller Act payment bond claim. Enforcement of the clause would constitute an implicit, prospective waiver of the subcontractor’s payment bond rights, something that is prohibited by the Miller Act itself.

 

The Construction Claims Advisor summary of this case is available to ConstructionPro Network members and includes:

  • The citation for the case (case name, case number, and date filed)
  • An overview of the case
  • Background information about the case
  • A summary of the ruling
  • A summary of the court’s conclusion and the resulting outcome
  • Editor's commentary
  • A link to the complete PDF copy of the original opinion

 



NOT YET A SUBSCRIBER?

Purchase a Subscription
with a money-back guarantee
and immediate access

OR

Buy This Item Individually
Price: $20.00


Already a member?

Email:  

Password:  











WPL
PUBLISHING CO, INC.
WPL Publishing - 5750 Bou Avenue #1712 - Rockville, MD 20852

Phone: (301)765-9525  -  Fax: (301)983-4367

All Content and Design Copyright © 2018 WPL Publishing
About Us

Contact Us

Privacy Policy

My Account