Recommended Resources: (the author gratefully acknowledges and gives credit to the
1. BMD Contractors, Inc. v. Fidelity and Deposit Company of Maryland, 679 F.3d 643 (7th
2. 28th Annual Southern Surety and Fidelity Claims Conference, Payment Bond Defenses:
Pay-When-Paid and other Conditional Payment Terms in Contracts, T. Selden, A.
Whillock, S. Hipsak Goetz (2017) https://www.forcon.com/conferences/southernconference/.
3. 27th Annual Northeast Surety and Fidelity Claims Conference, The Continued Viability of
the “Pay-If-Paid” Defense for the Surety, T. Asikainen, O. Harb (2016).
4. 3 Bruner & O’Connor Construction Law § 8:48-8:50
Visit the Surety Today page to see previous telebriefings.