By Martin J. Jaron Jr and C. Dennis Southard IV
Against claims of unconscionability and public policy, the United States Court of Appeals for the Fourth Circuit recently upheld the default provisions of a settlement agreement requiring strict adherence to the agreement’s performance and completion requirements. In Jeffrey M. Brown Associates, Inc. v. Rockville Center, Inc., 7 Fed. Appx. 197, 2001 WL 320896 (4th Cir. 2001), the Fourth Circuit ruled that certain specific contractual performance and completion requirements that were express conditions precedent to the contractor’s right to payment were valid and enforceable even where enforcement meant that the contractor would not be paid, even for that part of the work actually performed.
