Pay When Paid Clause Unenforceable

Contractor’s delay of more than 90 days to pay subcontractor was per se unreasonable and the pay-when-paid clause was unenforceable to hold up payment.  Subcontractor was entitled to recover attorneys fees incurred in litigating against the Contractor to recover what...

Pay-If-Paid Clause Enforced in New Jersey

Where subcontractor executed a contract containing a pay-if-paid provision, the contractor subsequently used that clause as a basis to refuse paying for work performed by that sub because the project owner refused to pay the Prime for that same work.  In New Jersey no...