United States For The Use And Benefit Of Walton Technology, Inc. v. Weststar Engineering, Inc.
290 F.3d 1199 | Court of Appeals for the Ninth Circuit | 2002
Holding Summary
A 'pay when and if paid' clause in a subcontract does not constitute a clear and explicit waiver of Miller Act rights, so a surety remains liable on a payment bond even when the prime contractor has not been paid by the government.
A subcontractor need not await government payment before initiating Miller Act action.
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