Mark a contract provision that would exclude the opened payment statute
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract, list each provision that makes an upstream payment a condition precedent, or that otherwise contradicts the payment section the lawyer names. If the lawyer names a federal public work, also list a waiver of a suit on the payment bond. Do not rewrite the provision and do not say it is void.
- What the lawyer must review
- Virginia Code § 11-4.6 says any provision in a contract contrary to that section is unenforceable. The section covers a construction contract as it defines one, with an owner who is not a public body. Virginia Code § 2.2-4354 says any provision in a construction contract contrary to that section is unenforceable. That section covers a contract awarded by a state agency, or by an agency of local government in accordance with § 2.2-4352. A different rule was opened for a federal payment bond. Under 40 U.S.C. § 3133(c), a waiver of the right to bring a civil action on a payment bond required under that subchapter is void unless the waiver is in writing, signed by the person whose right is waived, and executed after that person has furnished labor or material for use in the performance of the contract. You decide whether a marked sentence is contrary to the Virginia section you are applying, or is a bond-suit waiver of the federal kind, and what you tell the client. The tool does not replace the clause.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.