48 THE BRIEF ❭ Winte r 2025
AZMANJAK A/ISTOCK/GET TY IMAGES PLUS VIA GE TTY IMAGES
PUBLISHED IN
THE BRIEF,
VOLUME 54, NUMBER 2, WINTER 2025. © 2025 BY THE AMERICAN BAR ASSOCIATION. REPRODUCED WITH PERMISSION. ALL RIGHTS RESERVED. THIS INFORMATION OR ANY PORTION THEREOF MAY
NOT BE COPIED OR DISSEMINATED IN ANY FORM OR BY ANY MEANS OR STORED IN AN ELECTRONIC DATABASE OR RETRIEVAL SYSTEM WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AMERICAN BAR ASSOCIATION.
PUBLISHED IN
THE BRIEF,
VOLUME 54, NUMBER 2, WINTER 2025. © 2025 BY THE AMERICAN BAR ASSOCIATION. REPRODUCED WITH PERMISSION. ALL RIGHTS RESERVED. THIS INFORMATION OR ANY PORTION THEREOF MAY
NOT BE COPIED OR DISSEMINATED IN ANY FORM OR BY ANY MEANS OR STORED IN AN ELECTRONIC DATABASE OR RETRIEVAL SYSTEM WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AMERICAN BAR ASSOCIATION.
By Adrian A. D’Arcy and
Ashley B. Robinson
Sureties and Pay-If-Paid
Clauses: Balancing
Subcontractor Protection
with Freedom to Contract
