United States Ex Rel. McKenney's, Inc. v. Government Technical Services, LLC
531 F. Supp. 2d 1375 | District Court, N.D. Georgia | 2008
Holding Summary
Pay-when-paid clauses in subcontracts cannot bar a subcontractor's recovery under the Miller Act payment bond, as the Act's remedial purpose and federal law govern the timing of recovery independent of state contract conditions.
A contract provision that would deny the subcontractor its federal remedy under the Act cannot be used as a defense by a surety.
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