Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense (Hanover)
The Louisiana First Circuit recently held that a Private Works Act payment bond surety cannot raise a pay-if-paid provision in its principal’s contract as a defense to a claim against the bond. Bear Industries, Inc. v. Hanover Insurance Co. involved the construction of a Wal-Mart Supercenter in New Roads,...