Mike Stover reviews The Surety and Pay-If-Paid and Pay-When-Paid Clauses – audio | transcript
Recommended Resources: (the author gratefully acknowledges and gives credit to the
following):
1. BMD Contractors, Inc. v. Fidelity and Deposit Company of Maryland, 679 F.3d 643 (7th
Cir. 2012).
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).
https://www.forcon.com/conferences/northeast-conference/
4. 3 Bruner & O’Connor Construction Law § 8:48-8:50