BMD Contractors, Inc. v. Fidelity and Deposit Co. of Maryland

Dist. Ct. did not err in granting defendant-surety's motion for summary judgment in action by plaintiff-subcontractor seeking payment from defendant, where contractor to which plaintiff had contracted to perform services on building project failed to pay plaintiff for services rendered by plaintiff on said project. Terms of plaintiff's subcontract with contractor included "pay-if-paid" clause, which required contractor to pay plaintiff only if it had received payment on said building project under its own contract with third-party, and record showed that contractor had not received payment for building project. Ct. rejected plaintiff's argument that "pay-if-paid" clause violated Indiana public policy, or that plaintiff could collect what it was owed from defendant since bond itself did not specifically incorporate "pay-if-paid" language.