New York Court of Appeals
West-Fair Electric Contractors v. Aetna Casualty & Surety Company
December 7, 199587 N.Y.2d 148
Summary
The New York Court of Appeals answered the certified question affirmatively, holding that a pay‑when‑paid provision that makes the subcontractor assume the risk of the owner's default violates New York Lien Law § 34 and is void. The Court did not reach the second certified question concerning the surety's liability.