"Pay-if-paid" clause in construction contract was not an affirmative defense that must be pled; dismissal of contractor should have resulted in dismissal of surety as well

Travelers Casualty & Surety Company of America v. Sweet's Contracting, Inc. - 2014 Ark. 484 Arkansas Supreme Court. November 20, 2014. Circuit Court of Independence County, Hon. Timothy Weaver. AFFIRMED IN PART, REVERSED IN PART ON DIRECT APPEAL; AFFIRMED IN PART, REVERSED IN PART ON CROSS-APPEAL.