Christopher G. Hill | Construction Law Musings Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into… Continue reading Thoughts on New Pay if Paid Legislation
Tag: Pay if Paid
Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?
Bart Reed | Stoel Rives LLP | April 24, 2018 During Seattle’s current construction boom, general contractors and subcontractors may be concentrating more on finalizing work on their projects than on worrying about the niceties of their construction contract documents. It is no less prudent now, however, for the parties to remain aware of their… Continue reading Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Christopher G. Hill | Construction Law Musings | February 7, 2018 The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor… Continue reading Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union, and Timothy Kelley | Kegler Brown Hill + Ritter | October 27, 2016 Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to… Continue reading Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses
David A. Harris | Haight Brown & Bonesteel, LLP | March 30, 2016 Payment clauses in California construction contracts are often complex and multi-layered. This is especially true in contracts between general contractors and their subcontractors. The general does not want to pay the subs until it receives funding from the owners. The subs, of… Continue reading One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses