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Payment Affidavit Not Enforced Against Surety Payment-final; Condition Precedent

Saturday, January 03, 2004 11:49 am

 
Payment Affidavit Not Enforced Against Surety Payment-final; Condition Precedent

A Texas court has ruled that a contractual requirement for an affidavit of payment to subcontractors and suppliers did not apply to a takeover surety.

The Beard Family Partnership awarded a contract to Round Rock Construction to construct the streets, utilities, and drainage facilities for a residential subdivision in Austin. The construction contract included the following provision.

"Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect an affidavit that payrolls, bills for materials and equipment, and ot [...]

 
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