---
title: "Mark a contract provision that would exclude the opened payment statute"
url: "https://ailawframework.com/practice/construction-and-infrastructure/mark-a-contract-provision-that-would-exclude-or-deter-action-under-the-p/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-JU20261022-16-US"
practice_area: "Construction & Infrastructure"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Mark a contract provision that would exclude the opened payment statute

> From the contract, list each provision that makes an upstream payment a condition precedent, or that otherwise contradicts the payment section the lawyer names.…

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/mark-a-contract-provision-that-would-exclude-or-deter-action-under-the-p/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Mark a contract provision that would exclude or deter action under the progress-payment law](https://ailawframework.com/practice/construction-and-infrastructure/mark-a-contract-provision-that-would-exclude-or-deter-action-under-the-p.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- These Virginia sentences do not make every private pay-if-paid clause in every state unenforceable.
- The bond-waiver rule is about a suit on a federal payment bond. It is not a progress-payment adjudication scheme.

## Sources

- [Code of Virginia § 11-4.6, Required contract provisions in construction contracts](https://law.lis.virginia.gov/vacode/title11/chapter1/section11-4.6/) (checked 2026-10-22)
- [Code of Virginia § 2.2-4354, Payment clauses to be included in contracts](https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4354/) (checked 2026-10-22)
- [40 U.S.C. § 3133, Rights of persons furnishing labor or material](https://www.law.cornell.edu/uscode/text/40/3133) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*