Contingent Payment Clause Held Unenforceable Due to Unfairness

Amy Wolfshohl | Porter Hedges Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general contractor for the amounts due to the… Continue reading Contingent Payment Clause Held Unenforceable Due to Unfairness

Contingent Payment Clauses in Utah “Deal or No Deal?”

Kent B. Scott | Babcock Scott & Babcock Introduction.  Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”