JOURNAL ARTICLE

Sureties and Pay-If-Paid Clauses: Balancing Subcontractor Protection with Freedom to Contract.

  • Published In: Brief, 2025, v. 54, n. 2. P. 48 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: D'Arcy, Adrian A.; Robinson, Ashley B. 3 of 3

Abstract

The article discusses the tension between public policies aimed at protecting lower-tier subcontractors and suppliers in the construction industry and the freedom of parties to contract. It explores the use of pay-if-paid clauses to shift the risk of nonpayment from general contractors to subcontractors and suppliers. The document also delves into the enforceability of pay-if-paid clauses across different states, recent legislative changes in Virginia and Louisiana, and the impact on sureties in public projects. The article highlights the ongoing debate between freedom to contract and protecting subcontractors in the construction payment law landscape. [Extracted from the article]

Additional Information

  • Source:Brief. 2025/01, Vol. 54, Issue 2, p48
  • Document Type:Article
  • Subject Area:Politics and Government
  • Publication Date:2025
  • ISSN:0273-0995
  • Accession Number:185264392
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