Tag: virginia payment bond claim

One of the many items of construction law that has always been about as clear as mud has been the interaction between a contractual pay if paid clause and payment bond claims either under the Federal Miller Act or Virginia’s “Little Miller Act.”  While properly drafted contractual “pay if paid” clauses are enforceable by their terms in Virginia, what has always been less clear is whether a bonding company can take advantage of such a clause when defending a payment bond claim.  As always, these questions are very fact specific both under the Federal Act and the state statute.  I wish that this post would answer this question, but alas, it will not. Continue reading Private Project Payment Bonds and Pay if Paid in Virginia