Tag: Pay-if-Paid Clause

Katherine E. Kohm | The Dispute Resolver | June 23, 2016 Within the last month, two decisions with two outcomes were issued concerning “pay-if-paid” provisions. Observe that a “pay-if-paid” provision is a true condition precedent in that a general contractor is not required to pay its subcontractor unless and until it receives payment from the owner.  A different result flows… Continue reading Pair of Cases Concerning Pay-if-Paid Provisions

Craig Martin | Construction Contractor Advisor | March 8, 2015 I am preparing for a presentation this week on Troublesome Contract Clauses to the Construction Specifications Institute (“CSI”), Nebraska Chapter. One of the clauses we will be discussing is the dreaded Pay-if-Paid clause, a particularly nasty provision that places the risk of owner’s solvency squarely… Continue reading Pay-if-Paid Clauses, Nasty, but Enforeceable