Contractor Claims Dropped On 'Pay If Paid' Provision

Law360, New York (November 12, 2009, 1:15 PM EST) -- A federal judge has granted Ryan & Associates Inc.'s request to toss Miller Insulation Co. Inc.'s accusations that the contractor breached a construction contract when it stopped paying Miller for its insulation services at a Nebraska biodiesel plant.

Judge Richard G. Kopf of the U.S. District Court for the District of Nebraska dismissed all claims asserted against Ryan with prejudice Tuesday, ruling that the “pay if paid” provision in the parties' contract was not contrary to state law after upholding the contract's choice-of-low provision that provided...
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