Subcontractor Denied Judgment On Retainage Claim By Federal Judge

Mealey's (July 27, 2018, 8:00 AM EDT) -- PHILADELPHIA — Regarding a contractor’s retainage claim against a subcontractor and its sureties on a delayed project, a Pennsylvania federal judge ruled July 24 that the subcontractor cannot rely on a pay-if-paid clause because the subcontractor prevented the occurrence of a condition precedent regardless of whether its actions were deliberate (Connelly Construction Corp. v. Travelers Casualty and Surety Company of America, et al., No. 16-555, E.D. Pa., 2018 U.S. Dist. LEXIS 123009)....