As of Jan. 1, 2023, pay-if-paid clauses are unenforceable, regardless of whether a surety/payment bond claim is involved. This is only for subcontracts created on/after 1/1/23. Also for subcontracts created on/after 1/1/23, the prime must specifically identify and notify the sub of withholding as underlined below. Per Va Code 11-4.6(C), for any withholding, the prime […]
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