New Virginia Prompt Payment Statutes Invalidate Most ‘Pay When Paid’ Clauses
On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes "pay when paid" and "pay if paid" clauses unenforceable in most circumstances and requires both public and private construction contracts to include certain payment clauses that obligate the contractors to be liable for the entire amount owed to any subcontractor with which it contracts. The requirements below will apply to all future public and private construction contracts executed on and after January [...]