Moore Bros. Construction Co. v. Brown & Root, Inc.
962 F. Supp. 838 | District Court, E.D. Virginia | 1997
Holding Summary
A surety on a construction payment bond cannot assert a 'pay-when-paid' defense from the subcontract unless the bond explicitly incorporates those terms, and must pay subcontractors for completed work regardless of whether the general contractor has been paid by the owner.
The surety must explicitly include within the language of its bond any claim to the defenses of the prime.
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