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“Condition Precedent” Means Pay IF Paid

by Kent Holland | Dec 17, 2014 | Newsletter Article, pay when paid

By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Subcontracts may state that the subcontractor will be paid when the prime contractor is paid, or that the subcontractor will be paid only if the prime contractor is paid, and still others state that payment of...

“Pay when paid” Clause Excuses Prime from Paying Subcontractor Since Owner Didn’t Pay

by Kent Holland | May 2, 2011 | Newsletter Article, pay when paid

Where a pay when paid clause in a construction subcontract unambiguously states that the subcontractor will only be paid for its work after the prime contractor has been paid by the project owner, the clause was ambiguous due to incorporation of the AIA form prime...

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